- Research Repository | Victoria University

Women Under Sharia:
Case Studies in the Implementation of Sharia-Influenced
Regional Regulations (Perda Sharia) in Indonesia
Erwin Nur Rif’ah, M.A.
A thesis submitted in fulfilment of the requirements of the degree of
Doctor of Philosophy
College of Arts
Victoria University
Australia
December, 2014
Declaration of Originality
I certify that this thesis does not incorporate without acknowledgement any material
previously submitted for a degree or diploma in any university; and that to the best of
my knowledge and belief it does not contain any material previously published or
written by another person except where due reference is made in the text.
!
Signed:
On: 19/12/2014
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Abstract
Women Under Sharia:
Case Studies in the Implementation of Sharia-Influenced
Regional Regulations (Perda Sharia) in Indonesia
This study examines the religious, social and political dynamics of Perda Sharia and
how the implementation of these regulations has affected women rights and women’s
security. This study also explores the concept of women’s security based on women’s
own experiences. It employed qualitative methodologies, including in-depth interviews,
focus group discussions and analysis of primary source documentation. It examined
Perda Sharia in two district governments: Cianjur, West Java and Bulukumba, South
Sulawesi.
My research argues that Perda Sharia was the outcome of the local political processes
reflecting the interaction of regional autonomy, democratisation and the Islamic
resurgence. Given the struggle for Sharia since Indonesian independence, the
widespread implementation of Perda Sharia suggests that it has been widely accepted as
part of the legal system in district governments. This research found that the
implementation of Perda Sharia has strengthened the position of Islam as a social and
cultural force, but not necessarily of Islam’s influence in politics or government and as
such it is a great accomplishment for its supporters. It argues Perda Sharia is just one
strategy to implement Sharia values more comprehensively. Although implemented by
district governments, Perda Sharia is a national phenomenon. Prior to the reformation
era most of the debate about Sharia was conducted at the national level and concerned
the nature of the Indonesian state, however, after the 1999 Regional Autonomy Laws
attention shifted to the integration of Sharia values into the legal system, with
implications for women’s security.
The discourse on women’s security was associated with the implementation of
regulations concerning women veiling, which became the most visible symbol of Perda
Sharia. The research examines the differing views of women, with some arguing that
they felt more secure wearing the jilbab, while others felt threatened by the mandated
use of the jilbab.
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Acknowledgment
All praise is due to Allah, the One, the All-knowing, Most High…
This project has involved many people and organizations who have supported me in the
many phases of the research process. For this reason, although I am the one who should
be responsible for every single word that I wrote in this dissertation, however, I cannot
declare that this work is entirely the result of my own work over the last few years.
Therefore, I would like to express my gratitude to all the people who showed their
generosity, hospitality and sense of humanity that has enabled me to complete this
research.
This dissertation would have been impossible without the mentoring of my supervisor,
Dr. Richard Chauvel, to whom I can never express enough gratitude. He is the most
insightful and supportive mentor and he remains a source of inspiration for his hard
work, patience and dedication. He is the one who always believed in me and had the
confidence that I would complete my PhD.
I am grateful to the School of Social Sciences and Psychology, Victoria University,
where I received the most generous support during my study. I would like to thank
Professor Helen Boland, Dr. Lesley Birch from the Office for Postgraduate Research
and Grace Schirripa from the School of Social Sciences and Psychology. Angela
Rochter of the Learning Student Service helped me with my written English and the
initial editing of this thesis.
My doctoral studies were funded by Aus-AID through the Australian Leadership Award
Scholarship Program. I would express my thanks to Aus-AID for this tremendous
opportunity to study in Australia. I would also like to recognize the great support of
Margaret Jones, the Aus-AID Liaison Officer at Victoria University.
During the whole research process of designing the proposal, going to the field, and
writing, there was generous support from my colleagues and friends that made me feel at
home in Melbourne. For that, I would say my sincere thanks to my ‘cave-mates’: Tracy
and Maxim, and all my Rover-mates, Ancy, Rob, Jane, Serly, Estty and Pak Ali, who
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offered me a balance in my life. I would also like to express my gratitude to all my
Indonesian friends: mbak Ifa, mbak Anif, mbak Reni, mbak Yani, Yeni, mbak Leni and
Pak Hendro among many others. Sincerely thanks also to my friends in NU Australia,
Gus Nadirsyah Hosen, mbak Rosa, mbak Sitta, Zulfa, Kyai Taufik Prabowo, Pak Nur,
Asyik, mas Zahrul and many others.
During fieldwork, I owe a debt of gratitude to all friends who helped me in Cianjur,
Jakarta, Bulukumba and Makassar. Especially, I have to thank to Pak Basri Jafar and
family, Pak Sultan and mbak Pipit, who helped me settled and took me around in
Bulukumba and Makassar. My special thanks to my key informants: ibu Prof. Musdah
Mulia, KH. Hosen Muhammad and Neng Dara Afifah from Komnas Perempuan, mbak
Dani, mbak Ciciek, mbak Ning, Leili and Ulfa from Yayasan Rahima, Dianika and
mbak Ruby from AMAN, Emi Ilmiyah, Dr. Syukron Kamil, Dr. Amelia Fauziyah from
CSRC, and Tasman Lazuardi from PPIM UIN Jakarta. This dissertation would have
been impossible without the help of my informants who trusted me to share their
knowledge, experience and opinions. To Pak Warsidi, Tjetjep Mochtar, Pak Patabai
Pabokori, Pak Nunding Ram, all DPRD members in both Cianjur and Bulukumba, as
well as KH. Tjamirudin, Ajengan Lim, Kyai Choirul Anam, Cep Hermawan and
Pendeta Lena, Abah Suhendi, teh Yanti and Kang Aru, teh Rina, together with my
many other informants, my sincere thanks.
Finally, my deepest gratitude to my beloved family, to my parents and parents in-law
who always supported and prayed for me, to my brother and sisters, who were always
there to support and take care of my kids during my field research and conferences. Last
and most of all, the deepest gratitude and love to Honest Dody Molasy, my beloved
hubby, delightful soul mate and the most dedicated BFF (best friend forever), who has
always been listening and supporting me no matter where I was, whether in the darkest
valley or on the brightest spring of my life. To my three angels, Farrel Zidane, Naura
Alfaaza and Fachry AlFareeza, I am also indebted apology for not being a perfect mom
for not always answering your questions and for having too many assignments. For you
this dissertation is dedicated.
Melbourne, 19 December 2014
Erwin Nur Rif’ah
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List of publications and presentations
Erwin Nur Rif’ah
M.A., Universiteit Van Amsterdam, The Netherlands
2013
‘Opening the Door: How the Regional Autonomy has Made the
Implementation of Perda Sharia Possible?’ paper for upcoming
publication on Journal Islamic Archipelago, UIN Bandung.
2012
‘Contesting Islam And Women’s Rights In Indonesia: The Case of The
Implementation Of Perda Sharia’, accepted abstract for presentation at
the International Conference, on Islam, Spiritualism and Radicalism
(IC-ISRA), Yogyakarta, 23-25 November, 2012.
2012
‘Questioning Women’s security in Perda Syariah: Critics to
Indonesia’s District Policies’, a paper published in Jurnal Kebijakan
Publik dan Bisnis, Inspirat, Jember University
2010
‘Women’s Rights within Islam: Learning from women’, accepted paper
for presentation at the 1st International Conference on Human Rights in
Southeast Asia, held by Southeast Asian Human Rights Studies
Network (SEAHRN), Bangkok, Thailand, 14-15 October, 2010
2010
Islamic Symbolism or Islamic Law: Examining the Law Enforcement
of Perda Sharia in Indonesia, accepted abstract for presentation at 3rd
International Indonesia Forum (IIF), Semarang, Indonesia, 14-15 July
2010
2010
‘Contesting Islamic Law and Women’s Rights: The Study of the
Implementation of Sharia-based Regional Regulations in Indonesia, a
paper presented at 7th Asian Law Institute (ASLI) Conference, Kuala
Lumpur, Malaysia, 25-26 May 2010
2010
‘Contesting Islam and Human Rights in Indonesia’ Paper presented at
18th Biennial Conference of Asian Studies Association of Australia
(ASAA), University of Adelaide, Australia, 5- 8 July 2010
2010
‘Contesting Women’s Security Under the Implementation of Perda
Syariah’ ’, Presentation at the Society of South-East Asian Studies
(SEAS) Conference, Vienna, Austria
2009
‘Contesting Women’s Security and Perda Syariah: Have Indonesia’s
Perda Syariah Enhanced Women Security’, Jurnal Kultur, Published
by Centre for Study of Religion and Culture (CSRC), UIN, Jakarta
vi
Glossary
Ahmadiyah
a Muslim religious movement which started in India in
the late 19th century and was brought to Indonesia in
1925. This movement believes that Mirza Ghulam
Ahmad of Qodian was a prophet after Muhammad and
the Promised Messiah. In Indonesia, the movement is
considered as a cult by the MUI.
Ahwalu Syahsiah
Family
Law
that
regulates
Mabarrot
(philanthrophy/charities),
Munakahat
(marriage),
mawarits (inheritance) and Siasah Syariah (Islamic
Politics)
Ajengan
Islamic teachers among the Sundanese
Akhlak
Islamic good morals
Amar ma’ruf-nahi munkar
a call to maintain what is right and forbid what is wrong
AMB
Aliansi Muslim Bulukumba
Alliance)
Aqidah
Islamic theology, (believe in the unity of God)
Asas tunggal
the sole foundation, the requirement that all
organizations adopt Pancasila as their official
ideological foundation.
Asda III
Asisten Daerah III- the Regional Assistant
Aurat
the part of the body that must be kept covered in public
under Islamic law
Bappeda
Badan Perencana Pembangunan Daerah - (Regional
body for planning and development)
Berbuka puasa
Breaking the Fast
BIN
Badan Intelejen Negara - (State Intelligence Agency)
BKPRMI
Badan Koordinasi Pemuda Remaja Masjid Indonesia (Coordinating Board of Indonesian Mosque)
BPUPKI
Badan Penyelidik untuk Persiapan Kemerdekaan
Indonesia – (the Preparatory Committee for Indonesian
Independence)
Bulukumba berlayar
Bulukumba’s motto, literally meaning Bulukumba
Sails, but
Berlayar is an acronym of ‘Bersih
Lingkungan [lingkungan yang bersih], Alam yang
Ramah’ (a clean environment, nature-friendly).
Bupati
head of district, regent
CHS
Commission of Human Security
Crash Program Keagamaan
The Crash Program of Religiosity - Preliminary
program of sharia implementation in Bulukumba before
(Bulukumba Muslim
vii
the district implemented Perda Sharia. The name of
‘crash program keagamaan’ aims to give an
understanding that this program has to be implemented
quickly, as the word ‘crash’ conveys.
Dakwah
Islamic propagation/missionary activity
DDII
Dewan Dakwah Islamiyah Indonesia (Indonesian
Islamic Propagation Council) was established in 1967
by leaders of the banned Masyumi Islamic Party. Its
focus was on propagation rather than practical political
activity. DDII’s chairman, Mohammad Natsir, a former
Prime Minister, was widely respected in Middle Eastern
Wahhabi and Salafist circles and he became the most
important conduit for Saudi funding flowing into
Indonesia during the 1970s and 80s.
Deklarasi Bersama Umat Islam Joint Declaration of Muslim Community
Depag
Departemen Agama (Department of Religious Affair )
Departemen Infokom
Departemen Informasi dan Komunikasi
Department of Information and Communication)
Desa
village
Desa mengepung kota
villages encircling the towns
DII
Darul Islam Indonesia –- a movement which sought to
make Indonesia into an Islamic State (Negara Islam
Indonesia) that implemented Islamic law based on
Kartosuwiryo’s interpretation. The DII was based in
Tasikmalaya and by 1956, the DII occupied nearly half
the area of West Java, with strong basis of support in
Ciamis, Garut, Sukabumi, Cianjur, Bandung and Bogor.
The DII movement in West Java was associated with
the rebellions in Aceh led by Daud Beureuh, and in
South Sulawesi led by Kahar Muzakar.
Dishubpar
Dinas Perhubungan dan Pariwisata—(Department of
Transportation and Tourism)
DMI
Dewan Masjid Indonesia—(the Council for Indonesian
Mosques)
DPD
Dewan Perwakilan Daerah—(Regional Representative
Council)
DPRD
Dewan Perwakilan Rakyat Daerah (Regional House of
People’s Representatives)
Fatwa
legal opinion and advice on religion (tausiyah)
Fatwa sesat
proliferation of false fatwa
Fiqh
Islamic Jurisprudence
FKMT
Forum Komunikasi Majlis Taklim (Communication
Forum of Majelis Taklim)—was established in 1998 by
(The
viii
Patabai Pabokori (former Bupati of Bulukumba) as an
umbrella organisation and mediator for the Majlis
taklim groups. Later on, the FKMT was re-named as
‘Badan Kerjasama Majelis Taklim (BKMT-Cooperation
Council of Majelis Taklim) (Andis 2004, p. 57) (Andis
2004, p. 57)
Format Dasar Pelaksanaan Syariat Islam : Basic Format of Islamic Syariah
Implementation
FPI
Islamic Defenders Front
FUI
Forum Umat Islam (Muslim Community Forum)
GARIS
Gerakan Reformis
Movement)
Islam
(Islamic
Reformist
Gerakan Aparatur Berakhlakul Karimah: movement calling for the government
apparatus to uphold good moral standards—preliminary
program in Cianjur before the implementation of
Gerbang Marhamah
Gerakan Masyarakat Marhamah: movement calling on the community to behave
according to good moral standards.
Gerbang Marhamah
stands for Gerakan Pembangunan Masyarakat
Berahlakul Karimah and literally means ‘The
Development Movement of the Good Moral
Community’. Gerbang Marhamah is an umbrella term
for several programs to implement Sharia in Cianjur.
There were three primary programs of Gerbang
Marhamah: develop good moral behaviour for the
government administration and individuals; develop
harmonious family (Keluarga Sakinah), and develop
good moral behaviour for the community
Golkar
Golongan Karya (Functional Groups)--Ruling Party
during Soeharto era and the state political party under
the New Order.
GPAK
Guru Pembimbing Akhlakul Karimah (good moral
supervising teacher)
Hadith
Prophet’s sayings; Reports of the words and actions of
the Prophet, collected traditions, teachings, and stories
of the prophet Muhammad; accepted as a source of
Islamic doctrine and law, and regarded as a second
scripture in Islam, ancillary to the Qur’an.
Hajj
The pilgrimage to Mecca
Halal
Permitted, lawful activities particularly foods which
comply with Islamic dietary rules.
Hamka
Initials of Haji Abdul Malik Karim Amrullah. He was
awarded an honorary doctorate by al-Azhar University,
ix
Cairo in 1959, and given a title Professor from the
University of Dr Moestopo, Jakarta in 1966
HSN
Human Security Network
Hudud
Hudud is a term that is often used in Islamic literature
for the specific punishments for certain major crimes
mentioned in the Qur’an such as adultery, fornication,
theft, consumption of alcohol and apostasy.
ibadah
worship
ICMI
Ikatan Cendekiawan Muslim Indonesia, (Indonesian
Muslim Intellectuals’ Association), established in 1990
and led by BJ Habibie.
Ijtihad
to exercise rational judgement in the process of
interpreting religious doctrine and law; or legal
improvisation based on, or inspired by, the Islamic
principal values/sharia to meet new worldly situations
and the challenges of modern civilization.
IMAM
Ikatan Muslim Anti Maksiat (Muslim Association of
Anti Maksiat)
Inpres
Instruksi presiden (instructions of the president,
president decree.)
Islamic parties
parties based on Islamic ideology or parties whose
supporters mostly come from members of Muslim
organizations (e.g. Muhammadiyah and Nahdlatul
Ulama).
Jakarta Charter
Proposed Preamble to the Constitution of 1945 that
would have stipulated that Indonesian Muslims were
obliged to carry out the syariah. Omitted from the final
draft of the Constitution.
Jilbab
‘Tight veil’: head covering for Muslim women
consisting of a headscarf pinned tightly under the chin
and covering the neck, ear, hair and shoulders, leaving
only the face exposed (in contrast to the loose veil or
kerudung)
Jinayat
criminal law based on Islamic tradition, it includes
hudud- punishments for specific crimes
kabupaten
district or regency headed by Regent/head of district
(Bupati)
kaffah/seutuhnya
Comprehensively ; implement Islam comprehensively
kecamatan
sub-district
kelurahan
ward
Ketuhanan Yang Maha Esa
The first principle of Pancasila – Belief in the One and
Only God
x
Khalifa
Caliphate; a Qur’anic word that refers to the
vicegerency of man as the trustee of Allah on earth.
Historically it referred to political leadership in Islam.
Komando Jihad
Jihad Commando, is a militant group led by Ismail
Pranoto, which carried out bomb attacks in Java and
Sumatra;
Komnas Perempuan
Komisi Nasional Anti Kekerasan Terhadap Perempuan
(National Commission on Violence Against Women)
konco wingking
Javanese teaching that
companions of men
Kongres Umat Islam
The Congress of the Muslim Community
Kota
city, municipality headed by a mayor (walikota)
KPPSI
Komite Persiapan Penegakan Syariat Islam, (the
Preparatory Committee for the implementation of
Islamic Sharia) is an umbrella organisation for Islamic
organisations supporting the implementation of Sharia
in South Sulawesi.
KPU
Komisi Pemilihan
Commission)
Kuda Kosong
empty horse; is a Parade, held to mark ceremonies in
Cianjur, commemorated the historical struggle of R.A.
Wira Tanu, a Dalem Pamoyanan R.A.A. Wiratanudatar
II, the first regent of Cianjur. The practice was that the
regent was required to give a tribute of harvest crops to
the Sunan of Mataram in Central Java. The Regent,
Dalem Pamoyanan R.A.A. Wiratanudatar II, who was
considered sacred and powerful, when he presented the
tribute always stated that the people of Cianjur were
poor in agricultural products but demonstrated great
courage in their struggle for the nation, just like the
spicy flavor of chili and pepper. Due to his clever
diplomacy, the Sunan of Mataram gave a gift of a horse
to the Dalem Pamoyanan and this gift was a matter of
pride for the Cianjur people and “kuda kosong” parade
celebrates the occasion
Kyai
Muslim leader, cleric; a title for Islamic scholars who
generally lead a pesantren
Laskar Jundullah
Army of Allah, Militia of God; a ‘military’ wing of
KPPSI. The Laskar aimed to safeguard the
implementation of Islamic Sharia if South Sulawesi was
granted special autonomy.
LBH
Lembaga Bantuan Hukum (Legal Aid Institute)
Litbang
Penelitian dan
development)
placed women as inferior
Umum
(General
Pengembangan
Election
(research
and
xi
LPPI
Lembaga Pengkajian dan Pengembangan
(Institute for Islamic Studies and Development)
Madrasah
Islamic school
Mahkamah Agung
Supreme Court
Mahkamah Konstitusi
Constitutional Court
Majelis Konstituante
Constituent Assembly
Majlis taklim
Islamic Religious Learning Groups for women.
Maklumat
edict, proclamation, decree, pronouncement
Maksiat
Sinful behaviour/immoral act
Masyumi
is an acronym of Majelis Syuro Muslim Indonesia
(Indonesian Muslim Consultative Council). Masyumi is
an Islamic umbrella organization created under
Japanese auspices in 1943. It became a political party
after Indonesian independence and was banned in 1960.
Mimbar
Majelis Muslim Bersatu (the United Muslim Council)
MPR
Majelis Permusyawaratan
Consultative Assembly)
Muamalah
human interaction
Muhammadiyah
The Way of Muhammad; One of the most significant
Islamic modernist organisations in Indonesia; the
second largest Muslim association, after NU,
established
in
1912.
Generally
advocates
reinterpretations of established religious practices and
the heritage of the Salafiya modernist movement.
Muhrim
or mahrom is from Arabic language, literally means
forbidden to be married, is a person whom is never
permitted to marry because of their close blood
relationship (such as daughter to her father, grandfather,
great-grandfather, etc., and her son, grandson, greatgrandson, etc., her paternal and maternal uncles, her
brother, brother’s son and sister’s son and so on), or
because of radaa’ah or breastfeeding (such as the
brother and husband of the woman who breast fed her),
or because they are related by marriage (such as the
mother’s husband, the husband’s father, grandfather,
and so on, and the husband’s son, grandson, and so on).
MUI
Majelis Ulama Indonesia (Indonesian Ulama Council)
Musholla
little mosques, praying space/chapel
Mustasyar
adviser
MUUI
Majelis Ukhuwah Umat Islam (The Council of Muslim
Brotherhood.)
Rakyat
(the
Islam
People’s
xii
Nasakom
an acronym for the three major ideological streams in
Indonesian politics: Nasionalisme (nationalism), Agama
(religious) and Komunis (communism), an effort to
blend nationalism, communism and religion (including
Islam) into national ideology. What Soekarno’s
ideology of Nasakom apparently meant was that PNI for
nationalism, NU for religion and PKI for communism,
should share a role in government at all levels, thus
producing a system which would rest upon a coalition
of predominantly Java-based political forces. The
important aspect of Nasakom from the perspective of
political Islam was that Islam, through Agama, was
accommodated in this ideological formulation, but not
given a special place.
Ngaos, Mamaos, Maen Po
are philosophical terms that are believed to be aspects
of the perfection of life for Cianjur Community.
‘Ngaos’ means the tradition of reading Qur’an and
learning Islamic teaching. ‘Mamaos’ is the Sundanese
song, music and art. ‘Maen Po’ is the martial art that
expresses skill and strength.
NGOs
Non-Government Organisations
Nisab
a certain minimum amount required for zakat payment.
NKRI
Negara Kesatuan Republik Indonesia (Unitary State of
the Republic of Indonesia)
NU
Nahdlatul Ulama, the awakening of ulama, is the
largest association of Indonesian Muslims. It was
founded in 1926 and has strong membership in Java. It
follows mostly the Shafi‘i madhhab school with
moderate and traditional values.
OIC
Organisation of the Islamic Conference (OIC),
CDHRI
Cairo Declaration on Human Rights in Islam issued by
the OIC in 1990
Orang dekat
private assistant/ trusted person.
Orba
Orde Baru, (New Order— the period of Indonesian
political history when Soeharto was President, hold
control on Indonesia since 1966-1998.)
Ormas
organisasi masyarakat (community organisations)
P4
Pedoman, Penghayatan dan Pengamalan Pancasiala
(Guide Understanding and Practice of Pancasila)
PAK
Penyuluh Akhlakul Karimah (The preacher of
morals)
PAN
Partai Amanat Nasional (National Mandate Party )
Pancasila
literally means ‘five principles.’ It is found in the
preamble to the 1945 Indonesian constitution and
good
xiii
includes (1) belief in One Almighty God, (2) a just and
civilized humanitarianism, (3) national unity, (4)
Indonesian democracy through consultation and
consensus, and (5) social justice.
PBB
Partai Bulan Bintang (the Crescent Star Party)
PD
Partai Demokrat (Democratic Party)
PDAM
Perusahaan Daerah Air Minum (Regional Water
Supply Company)
PDI
Partai Demokrasi Indonesia (Indonesian Democratic
Party).
PDI-P
Partai
Demokrasi
Indonesia-Perjuangan
Indonesian Democratic Party of Struggle.)
PDII
Pusat Dakwah Islam Indonesia (the Centre for
Indonesian Islamic Propagation)
PDII
Pusat Dakwah Islam Indonesia (Indonesian Islamic
Propagation Centre)
(the
pejuang pergerakan nasional The struggle of the nationalist movement
pemekeran
pemekeran
districts).
(establishment of new provinces and
pengajian
Islamic learning, Islamic education groups
Pengayom Terbaik Pembina Remaja Masjid Tingkat national: the Best Coach and
Advisor of the Mosque Youth recognised at the national
level
PP Muhammadiyah
Pengurus Pusat Muhammadiyah (the Central Board of
Muhammadiyah)
Peniti Emas
golden pin
Perda Bernuansa Keagamaan Religious-nuanced Regional Regulation
Perda keagamaan
Religious Regulation
Perda Sharia
is acronym of Peraturan Daerah, which means regional
regulation; sharia is Islamic Sharia/Islamic law. Perda
Sharia is referring to sharia-influenced regional
regulation(s).
Persis
Persatuan Islam, (Islamic Unity)
Pesantren
boarding school for Muslim students.
Piagam Jakarta
literally means Jakarta Charter. It was actually the first
draft of the preamble to the Indonesian constitution and
it contained what has since become a well- known
phrase in Indonesia, consisting of ‘seven words’:
dengan kewajiban menjalankan syariat Islam bagi
pemeluknya (with the obligation of carrying out Islamic
sharia for its adherents)
xiv
Piagam Madinah
in the Indonesian political context, it refers to the
proposed amendment to Article 29 of the 1945
Constitution on Religion that required the state to oblige
each religious adherent to perform religious duties.
PJTKI
Perusahaan Jasa Tenaga kerja Indonesia (migrant
worker placement company)
PKB
Partai Kebangkitan Bangsa (National Awakening
Party)
PKI
Partai Komunis Indonesia (Indonesian Communist
Party)
PKS
Partai Keadilan Sejahtera-Justice Prosperous Party.
Pola Perjuangan Revolusioner Islam
Islamic Revolutionary Struggle Model
Pondok Remaja
youth boarding house
Porseni Remaja Masjid
Sports and Arts Competition for Youth Mosque
Porseni Remas
Pekan Olahraga dan Seni Remaja Masjid (Sport and art
competition for the Youth Mosque)
PPP
Partai Persatuan Pembangunan (United Development
Party)
Provinsi
Province
PSI
Partai Sosialis Indonesia--Indonesian Socialist Party
PTIQ
Perguruan Tinggi Ilmu al-Qur’an- College of the Quran.
Qanun
the regional regulations enacted by the Aceh provincial
government that relate to the obligation for Islamic
worship, the prohibition of liquor and the illegality of
gambling and moral misconduct such as adultery.
Ramadhan fasting month for Muslims
Raperda
Rancangan Peraturan Daerah (Draft of Regional
Regulation)
Raperda Jember Relijius
’Jember Religious Draft’, The name of the proposed
religious regulation in Jember district.
Remaja masjid
Youth Mosque Activist
Renstra Gerbang Marhamah Rencana Strategi Gerbang Marhamah--Strategic
Planning of Gerbang Marhamah contains an
implementation plan for the first five years of Gerbang
Marhamah as a guideline to implement Islamic Syariah
comprehensively (Kaffah) in Cianjur
Resan
Resimen Santri--Student Brigade
Riba
excessive predetermined interest rate, usury
Santri
Islamic student(s)
Sarasi
Santri Raksa
Reformation
Reformasi--Student
Supporters
of
xv
Sekda
Sekertaris Daerah (Regional secretary), is the highest
administrative position in kabupaten after Bupati.
However, the Bupati is the senior political position
Sex bebas
fornication, free sex
Sholat berjamaah
congregation prayer
Sholat Jumat
Friday Prayer/Friday conggregation
SILMUI
Silaturahmi
dan
Musyawarah
Ummat
(Conference of the Muslim Community)
STAI
Sekolah Tinggi Agama Islam (Islamic College).
STAIN
Sekolah Tinggi Agama Islam Negeri (State College of
Islamic studies)
STKIP
Sekolah Tinggi Keguruan dan Ilmu Pendidikan (College
of Teacher Training And Education)
Surat edaran
Circular letter
Surau
is also called musholla, a little mosque mainly for shalat
jamaah (congregational prayers). The different from a
mosque, surau is not used for shalat jum’at (jum’at
prayer)
Tasawuf/sufi
mysticism/Sufism
Tausiyah
advice on religion
TII
Tentara Islam Indonesia (Indonesian Muslim Army)
Tim sukses
election campaign team that helps a candidate to win
the election
TKA
Taman Kanak-kanak Alqur’an (Quran learning Centres
for children)
TP-GAB
Tim Penggerak Aparatur Berahlaqul Karimah
(Enforcement Team of Good Morals for Government
Officials)
TPA
Taman Pendidikan Alqur’an (Quran learning centres for
juniors)
TPO
Taman Pendidikan Orang tua (Quran Learning centre
for adults/parents)
Uang pelicin
bribery
Ubudiyah
total submission to Allah
Ukhuwah Islamiyah
fraternity within fellow Muslims, Muslim solidarity
Ukhuwah wathaniyah
fraternity within the state as a citizen/ among fellow
Indonesians, Indonesian solidarity
Ukuwah insaniyah
fraternity as a human, human solidarity
Ulama
Muslim Scholar, Muslim religious teacher, often
community leaders.
Islam
xvi
Umaro
government
Umat
Community of Muslim believers.
UN
United Nations
Undang-Undang
Laws
Ustadz
religious notable, teacher
UU KDRT
Undang-Undang Kekerasan Dalam Rumah Tangga
(Law on Domestic Violence)
UUD 45
Undang-Undang Dasar 1945 (Indonesian constitution)
Wahyu
revelation of God
Wakil Dewan Syuro KPPSI
vice head of the advisory board of KPPSI
Waqaf
charitable foundation
Warung
street food stalls, small restaurant
Zakat
obligation of Muslims to give a specific amount of their
wealth, with certain conditions and requirements, to
beneficiaries called al- mustahiqqin
xvii
Contents
Declaration of Originality ............................................................................................ ii Abstract .........................................................................................................................iii Acknowledgment .......................................................................................................... iv List of publications and presentations ....................................................................... vi Glossary ....................................................................................................................... vii Contents ....................................................................................................................xviii Chapter 1: The Complexity of Perda Sharia: An Introduction ................................ 1 1.1 Introduction ........................................................................................................... 1 1.2 Research Questions ............................................................................................... 6 1.3 Methodology ......................................................................................................... 8 1.4 The Fieldwork ..................................................................................................... 11 1.5 Scope and the Objective of the Research ............................................................ 14 1.6 Two Case Studies: Understanding the Context .................................................. 16 1.6.1 Cianjur.............................................................................................................. 16 1.6.1.1 Perda Sharia in Cianjur ......................................................................... 18 1.6.2 Bulukumba ................................................................................................... 19 1.6.2.1 Perda Sharia in Bulukumba .................................................................. 21 1.7 Thesis Outline ..................................................................................................... 22 Chapter 2: A Review on Previous Studies of Perda Sharia ..................................... 24 2.1 Introduction ......................................................................................................... 24 2.2 Sharia: The Meaning and its Implementation ..................................................... 24 2.3 Discourses on Sharia and its Implementation in Indonesia ................................ 27 2.3 Human Rights, Democracy and Islam ................................................................ 29 2.4 Muslims’ Responses to International Human Rights.......................................... 30 2.5 Women, Islam and Women’s Security ............................................................... 33 2.5.1 Women’s Status and State Identity .............................................................. 33 2.5.2 Women and Islam within Indonesia ............................................................ 35 2.5.3 Defining Human Security and Women’s Security....................................... 35 2.5.4 Perda Sharia and Women’s Security............................................................ 39 2.5.5 The Veil and its Discourses ......................................................................... 40 Conclusion ................................................................................................................ 45 Chapter 3: Opening the Door: How Regional Autonomy Has Made the
Implementation of Perda Sharia Possible ................................................................. 47 3.1 Introduction ......................................................................................................... 47 3.2 History of the Sacred Word of Sharia in Indonesian Politics ............................. 48 3.3 Contrasting Soekarno and Suharto’s Policies towards Islam ............................. 50 3.4 Duality in Suharto’s Policies towards Islam ....................................................... 52 3.4.1 Suharto’s Accommodation of Islam ............................................................ 55 3.5 Reformasi and Changes in Indonesian Politics ................................................... 56 3.6 Regional Autonomy and Perda Sharia ............................................................... 57 3.7 Pros and Cons of Perda Sharia ........................................................................... 61 Conclusion ................................................................................................................ 66 xviii
Chapter 4: The Dynamics of Perda Sharia ............................................................... 68 4.1 Introduction ......................................................................................................... 68 4.2 Identifying the Supporters of Perda Sharia ........................................................ 68 4.2.1 Idealists: Formalist and Substantive ............................................................ 69 4.2.2 Pragmatists ................................................................................................... 69 4.2.3 Formalist Idealists ........................................................................................ 70 4.2.3.1 KPPSI .................................................................................................... 70 4.2.3.2 Motivation: KPPSI and Special Autonomy .......................................... 79 4.2.3.3 Ideological Basis and the Network ....................................................... 81 4.2.3.4 GARIS................................................................................................... 83 4.2.3.5 LPPI ...................................................................................................... 85 4.2.4 Substantive Idealists..................................................................................... 87 4.2.4.1 Muhammadiyah .................................................................................... 87 4.2.4.2 NU ......................................................................................................... 88 4.2.4.3 MUI ....................................................................................................... 90 4.3 Islam for Politics or Politics for Islam ................................................................ 91 4.4 Politics of Nomenclature..................................................................................... 92 Conclusion ................................................................................................................ 95 Chapter 5: The Utopia Sharia: Ideology, Motives and Methods............................ 97 5.1 Introduction ......................................................................................................... 97 5.2 Proponents’ Understanding of Sharia ................................................................. 98 5.2.1 Perda Sharia and Human Rights................................................................ 100 5.2.3 (Religious) Pluralism ................................................................................. 101 5.3 Ideology: Utopia Sharia .................................................................................... 102 5.4 Strategies and Methods ..................................................................................... 104 5.5 Methods............................................................................................................. 108 5.6 Reasons and the Motives .................................................................................. 109 Monetary Crisis ................................................................................................... 109 Natural Dissaster ................................................................................................. 110 Corruption ........................................................................................................... 111 Disadvantage of being Muslim ........................................................................... 111 Degradation of Islamic Character ....................................................................... 112 Romanticising the Achievements of Islam ......................................................... 112 Maintaining the Islamic Culture and Identity in their Region ............................ 113 Muslims are the Majority .................................................................................... 114 National Legal System is Out of Date ................................................................ 114 Conclusion .............................................................................................................. 115 Chapter 6: Behind the Scenes: The Election and the Strategy to Implement
Sharia ......................................................................................................................... 117 6.1 Introduction ....................................................................................................... 117 6.2 Changes in the Electoral System....................................................................... 117 6.3 Change of the Election System and its Consequences...................................... 118 6.4 Sharia in Bupati Elections ................................................................................. 119 6.5 Strategy to use Sharia during the Election ........................................................ 120 6.6 Sharia as a Campaign Strategy in Cianjur ........................................................ 120 6.6.2 Gerbang Marhamah and the Strategy to Implement Sharia ...................... 123 6.6.3 Gerbang Marhamah or Perda Sharia: The Politics of Nomenclature in
Cianjur ....................................................................................................... 129 6.6.4 Contesting Gerbang Marhamah as (Perda) Sharia ................................... 130 xix
6.6.5 Gerbang Marhamah: Substantive or Symbolic Sharia? ............................ 133 6.6.1 The Issue of Sharia in The Cianjur Election: Who Benefited? .................. 135 6.7 Sharia as a Campaign Strategy in Bulukumba .................................................. 140 6.7.1 The Crash Programme: One Step Towards Perda Sharia ......................... 142 6.7.2 Perda keagamaan or Perda Sharia: the politics of nomenclature in
Bulukumba ................................................................................................ 144 6.7.3 The ‘Crash program’ and electoral success ............................................... 145 6.8 The Advantages of Using Sharia as an Election Issue ...................................... 146 Conclusion .............................................................................................................. 148 Chapter 7: Contesting Women’s Security and Perda Sharia................................ 150 7.1 Introduction ....................................................................................................... 150 7.2 Perda Sharia and Women’s Security ................................................................ 151 7.3 Women’s and Minority’s Security .................................................................... 152 7.4 Defining Women’s security: the Indonesian Context ....................................... 154 7.5 Women Define Women’s Security ................................................................... 161 7.6 The Politics of Human Security ........................................................................ 162 7.7 Enhancing Security ........................................................................................... 166 7.8 The Effect of Perda Sharia on Women’s Security ........................................... 168 7.9 Women’s Security-Related Issues .................................................................... 174 Conclusion .............................................................................................................. 178 Chapter 8: The Quest of Jilbab-Head Veil ............................................................. 181 8.1 Introduction ....................................................................................................... 181 8.2 History of Jilbab-Head Veil in Indonesia ......................................................... 182 8.3 Islamic Resurgence ........................................................................................... 184 8.4 Jilbab and Perda Sharia ..................................................................................... 186 8.5 Jilbab for Women’s Security? .......................................................................... 191 8.6 The Meaning of the Jilbab-Head Veil .............................................................. 193 8.7 The Politics of Jilbab ........................................................................................ 200 Conclusion .............................................................................................................. 201 Chapter 9: Conclusion .............................................................................................. 203 9.1 Women and Sharia: A Contestation .................................................................. 203 9.2 Perda Sharia: the Religious, Social and Political Dynamics in Cianjur and
Bulukumba ........................................................................................................ 204 9.2.1 The Objectives: Perda Sharia Now, what is next? .................................... 204 9.3 The Ideologies and Motives: Anything but Sharia ........................................... 206 9.3.1 The Enforcement: Symbolic Politics or Religious Gesture ....................... 207 9.3.2 The Strategies and Elections ...................................................................... 209 9.3.3 Is Perda Sharia, a Sharia?........................................................................... 210 9.4 Localising Human and Women’s Security ....................................................... 211 Bibliography .............................................................................................................. 216 xx
Chapter 1: The Complexity of Perda Sharia:1 An Introduction
The entire Muslim social structure can be seen as an attack on, and a defence against,
the disruptive power of female sexuality (Mernissi in Shirazi 2001, p. 29)
1.1 Introduction
Women’s issues first came to my attention when I was actively involved in student
organisations and non-government organisations (NGOs) during the last year of my
bachelor degree in 2001 at Jember University, East Java, Indonesia. I became
concerned about women’s issues within Islam when, in 2004, some local Islamic
groups proposed to implement a Perda Sharia look-alike in the Jember Dewan
Perwakilan Rakyat Daerah (DPRD—Regional House of People’s Representatives).
This proposed regulation was known as the ‘Jember Religious Draft’,2 which sought
to implement part of Islamic law in the Jember district, and it was debated several
times in the DPRD during 2004 and 2005. The Jember Religious Draft consisted of
some Sharia-influenced regulations, such as prohibiting women from going out at
night and banning prostitution and the sale of alcohol. These regulations concerned
NGOs and other organisations, especially those with female members, because they
were concerned about the criminalisation of women as a result of being outside of
their homes at night. Some women activists who often held their meetings at night felt
insecure and threatened with this draft regulation. Due to large protests from NGOs
and other organisations, including Islamic organisations such as Nahdlatul Ulama3
(NU), the idea of the Jember religious draft was rejected. However, there is potential
for the regulation to be implemented, as many other districts in Indonesia have
implemented such regulations, and the political constellation in Jember district itself
and the political interests of local leaders might enable the revival of the Jember
Religious idea.
1
Perda is an acronym of Peraturan Daerah, which means regional regulation; Sharia is Islamic Sharia/Islamic
law referred to as fiqh (further discussion on Sharia will be in Chapter 2). In this thesis, I will use term Perda
Sharia to refer to Sharia-influenced regional regulations. A further explanation of Perda Sharia will be provided in
the next section.
2
The name of the proposed regulation in Indonesian is ’Jember relijius‘. ’Jember‘ is the name of the district and
‘relijius’ means religious. In this thesis, I will use the English version ‘Jember religious’.
3
NU (the awakening of Islamic scholar) is the largest Islamic organisation in Indonesia; it has moderate and
traditional values (Mujani, Saiful & Liddle 2004).
4
I prefer to use Islamic-influenced regional although some other scholars used Islamic-based regional regulation
because the regulations are simply influenced by the teachings, values or cultures of Islam but not fully refers to
1
Several years later, in 2007, I received a scholarship to pursue a PhD, and I became
preoccupied with the idea of women and Islam. I wanted to study the effect of the
implementation of Sharia-influenced4 regional regulations (Perda Sharia)—especially
as many districts in Indonesia have been implementing these regulations—with the
hope that I could identify whether the implementation of these regulations has helped
women or disadvantaged them. It is important to develop a research culture,
particularly in Indonesia, that supports evidence-based policy-making. I agree with
Bloor’s critique that the public policy was not mainly based on independent research;
moreover, research is sometimes specifically conducted to support and confirm the
preferred policy options (Bloor 2004).
Indonesia has the largest Muslim population in the world, with around 160 million
Muslims, or approximately 84 per cent 5 of the total population of Indonesia.
However, the Indonesian government has never been dominated by leaders who
sought to identify the state with Islam (Porter 2002). Nevertheless, the debate about
whether Islam and Sharia should be the basis of the national constitution was started
on the eve of Indonesian independence. In 1945, Muslim leaders sought to introduce a
phrase into the preamble of the 1945 Constitution that would have resulted in Muslim
citizens living according to Sharia. The preamble later became known as the Jakarta
Charter (Salim, Arskal & Azra 2003b). However, the endeavour was unsuccessful due
to strong resistance from secular nationalists—most of whom were Muslim—as well
as non-Muslim nationalists (Boland 1982). The aspiration to have Islamic Sharia
included in the constitution remains strong (Hosen 2007b, p. 1).
In 1985, President Suharto succeeded in imposing Pancasila as the sole foundation
(asas tunggal) of all political parties and social and religious organisations (Effendy
2003). Hence, any endeavour to restore the Jakarta Charter was seen as an attack on
the ideological foundation of the state (Hosen 2007b, p. 1). However, at the end of the
1980s, the Suharto government tried to reach a rapprochement with the Islamic
community. In 1989, the president signed Law No. 7, which allowed the formation of
4
I prefer to use Islamic-influenced regional although some other scholars used Islamic-based regional regulation
because the regulations are simply influenced by the teachings, values or cultures of Islam but not fully refers to
Islam or use Islam as a source or base of law.
5
These data are different to the data provided by BPS—that the number of Muslims in Indonesia is 88 per cent of
the Indonesian population (BPS 2010)
2
the Association of Indonesian Muslim Intellectuals (ICMI), headed by Professor BJ
Habibie, a minister in Suharto’s government. Since then, government officials have
adopted Islamic attributes, and the government has involved itself in Islamic issues in
a much more positive way. For example, the government supported the building of
new mosques and prayer houses, many ministers attend Friday services/prayers in
mosques and celebrate Ramadan rituals, and Muslim women, to some extent, are
allowed to wear the jilbab (head veil) at schools and government offices.
The intensive public discussion and debate about women’s rights within Islam has
emerged since the government passed two laws on regional autonomy in 1999. The
primary objective of regional autonomy is to give regions more authority and
resources to manage their own development and affairs (Erb, Sulistiyanto & Faucher
2005). Through Regional Autonomy Laws No. 22/1999 and 25/1999, which were
implemented in 2001, district (kabupaten) and municipality (kota) governments have
more power to make decisions to manage their regions and to allow people to
establish a democratic system with the participation of all citizens, including women,
to improve social welfare (Mulia 2007b). From the implementation of regional
autonomy in 2001 until the end of 2009, 154 regional regulations that referred to
Islamic moral teaching were implemented, which structurally and specifically
restricted women’s rights6 (Khusnaeny et al. 2010). By the end of 2010, the number
of discriminatory regulations had increased to 189; in 2012, the National Commission
of Women’s Protection (Komnas Perempuan) noted that there are 2827 regulations
discriminating against women (Tri & Haksoro 2012). In addition, Lindsey (2007)
observed that around 70 8 regions have introduced Sharia-influenced regional
regulations that are forcing women to dress in a certain fashion and preventing them
6
In 2008 the government passed the pornography law which also discriminated against and violated women’s
rights. However, this issue is not discussed in this thesis due to the fact that the Pornography Law was not related
to regional autonomy. The pornography law was also not associated with the issue of perda sharia, because the law
was not enacted by any regional government but rather the central government. In addition, the Pornography Law
was not developed in the framework of sharia, thus the proponents of the pornography law were not discussed in
the context of support for sharia implementation.
7
Not all these discriminatory regulations were Perda Sharia. According to the Head of Komnas Perempuan,
Yuniyanti Chuzaifah, from 282 regulations, 207 directly discriminate against women, 60 obligate women to wear
Muslim clothes (long sleeves and skirt with a head-veil), 96 crimininalise women through anti-prostitution and
pornography regulations, and 38 restrict women by limiting their work hours (jam malam) (Tri & Haksoro 2012).
8
The regions include Cianjur, Tasikmalaya, Indramayu, Bandung, Garut, Sukabumi, Depok, Majalengka,
Karawang, West Java; Tangerang, Serang, Banten; Padang, solok, Bukit Tinggi, Sawahlunto, Agam, Padang
Pariaman, West Sumatra; Bulukumba, Makassar, Gowa, Maros, Enrekang, Pangkep, Sinjai, Takalar, South
Sulawesi; Banjarmasin, South Kalimantan; Gorontalo; East Lombok, Bima, Dompu, NTB; Pamekasan, Sumenep,
East Java.
3
from going out at night. By 2009, the number had increased to 81; however, there are
no data for 2011.
By definition, Sharia-influenced regional regulations (Perda Sharia) are created by
district governments and use Islamic moral teachings as a reference point. In general,
Perda Sharia seeks to manage three aspects of public life: first, to eradicate moral and
social problems such as prostitution, drinking alcohol and gambling;9 second, to
enforce ritual observances among Muslims such as reading the Qur’an, attending
Friday prayers and fasting during Ramadan; and third, to govern the way people dress
in the public sphere, especially in relation to head-veiling for women (Bush 2008b;
Candraningrum 2006; Salim, Arskal & Azra 2003b).
During the implementation of Perda Sharia, the district police detained many women
because they were considered to have broken the law. For instance, in Tangerang
City, which implemented Regional Regulation No. 8/2005 (banning prostitution), the
police apprehended 11 women who were suspected of being prostitutes because they
stood at a bus stop waiting for a bus after 8 pm; others were drinking tea in small
cafes, and one was staying in a hotel while her husband went out to buy food
(Soekirno 2006). There has been no systematic collection of data relating to the
detentions made under Perda Sharia.
The enactment of Perda Sharia by about 100 district governments relates to a number
of factors. First, since the implementation of regional autonomy, Islamist groups10 in
Indonesia have more opportunities to attain their objective of implementing Sharia
law. When their efforts at the national level failed, Islamist groups attempted to have
aspects of Sharia law implemented by district governments, despite the provision in
article 7 of Law No. 22/1999, which states that religion remains the sole jurisdiction
of the central government. Hence, local authorities have rarely used the term ‘Sharia’.
Instead, they frame the regulations in terms of upholding ‘morality and order’ (Satriyo
2003). However, the central government has not attempted to rescind any Perda
9
Laws against prostitution, gambling and alcohol consumption operate in many legal systems and are not
particular to Islam. However, the implementation of these Perda is different because the regulations are made
based on religious motivation and using religious justification to express religiosity.
10
Islamist groups refer to the term as denoting a strict application of Islamic principles to all aspects of life,
including society, the state, culture and the economy.. For detailed information, see Fealy and Borgu (2005).
4
Sharia because any attempt to rescind any Perda Sharia will likely provoke a
contentious debate and much criticism of the central government.
Second, at the district level, most local politicians from Islamic political parties11 or
the coalition of Islamic and nationalist parties, as well as religious leaders and other
people of influence, have expressed support for Perda Sharia by trying to build
support for the next election or because they have been subjected to pressure by
Islamist groups (Satriyo 2003). Most regulations and decisions would be affected by
the Islamic moral teachings, and they mostly use the issue of Sharia. However, some
Islamist groups have expressed fundamentalist 12 attitudes, including a lack of
tolerance and a rejection of feminism and gender equity. They support the
domestication of women, control over women’s bodies and perpetuation of a
patriarchal society (Moghissi 1999; Munir 2003). This has been done mainly by
pursuing an aggressive agenda for the politicisation of the religion to attain certain
objectives and by using religious symbols to pursue a political agenda (Munir 2003).
Therefore, it is important to differentiate between Islam as a belief and cultural
system and Islam as a tool used by politicians, parties and fundamentalist movements
to build political legitimacy (Munir 2003).
During the process of implementing Perda Sharia, there has been much debate about
whether it could enhance women’s rights. The supporters of Perda Sharia argue that it
will make women feel more secure,13 thus enhancing women’s rights and security,
whereas opposers argue that Perda Sharia will jeopardise women’s rights and
security. Few studies focus on women’s security, especially in the context of the
implementations of Perda Sharia.
The studies include what Lili Zakiyah Munir (2008) has researched on the impact of
the perda sharia on women. She explored the impact of the sharia implementation in
11
Fealy (2001) separated Islamic parties into two categories. First, Formalist Islamic parties have Islam or the
Quran and Sunna as their sole ideological basis; second, Pluralist Islamic parties not only have Pancasila as their
ideological foundation, but they also use Islamic symbols and principles or draw most of their votes from santri
(pious Muslims).
12
The term ‘fundamentalist’ might also describe radical Islam. It tends towards a strictly literal interpretation of
the Qur’an (Fealy & Borgu 2005).
13
The meaning of secure has become key, both as an issue and as a discourse, and it will be a focus of the
discussion throughout this thesis.
5
Aceh14. Other studies such as Abu-Bakar Eby Hara (2007) focus on the concept of
human security in relation with political participation of women in Indonesia.While
this study tries to elaborate the implications of the Perda sharia implementation for
women and incorporates the concept of human security and women’s security into the
analysis. Although this thesis mainly discusses women’s security and how perda
sharia affects women, however, this research does not cover all the ways in which
women are affected and acknowledges that men are also affected.
Exploring the concept of women’s security it is important to know whether this
concept, by adapting the concept of human security, which was formulated by
Commission of Human Security (CHS), is relevant with the local context of
Indonesia. Referring to the concept of human security developed by CHS, the concept
of women’s security emphasizes freedom and it is not always applicable in the
Indonesian context. In some contexts the idea of freedom is contested space in
Indonesia and often has a negative connotation. In this contested space women’s
security expresses the autonomy of women. This research examines in which
situations women have autonomy. What are the implications of perda sharia to
women’s autonomy, whether perda sharia gives them more autonomy or restricts
them?
1.2 Research Questions
The discourse on Sharia in Indonesia has become a crucial discussion between the
Indonesian government, NGOs and the public, especially since the province of Aceh
implemented Qonun.15 Many district governments followed Aceh—particularly when
regional autonomy was introduced in 2001—in implementing Sharia regional
regulations. Since the regulations were implemented, the police have detained many
women in the name of Sharia. Hence, this research will examine the interrelationships
between the implementation of Perda Sharia and human security, especially women’s
security.
14
The central government enacted the Special Autonomy Law for Nanggroe Aceh Darussalam (Law No.
18/2001), which gave jurisdiction to the province to implement Sharia law, which in Aceh is called Qonun.
15
Qonun are the regional regulations enacted by the Aceh provincial government that relate to the obligation for
Islamic worship, the prohibition of liquor and the illegality of gambling and moral misconduct such as adultery.
However, Salim (2008) defined Qonun as referring exclusively to Regional Regulations produced by the
legislature of Aceh from 2002 onwards, whether or not related to Islamic norms.
6
Literature on the implementation of Sharia regional regulation in Indonesia is
extensive and readily available in the mass media. Some research has been undertaken
in Aceh and other regions in Indonesia on the implementation of Qonun and Shariainfluenced regional regulations (Perda Sharia) (Salim, A. 2007; Wagener 2006).
Much of the literature has been based on limited fieldwork and has discussed the pros
and cons of Sharia regional regulations as part of a religious and political debate and
discourse (Lazuardi 2006; Salim, Arskal 2003). Other work has focused on the legal
perspective (Hosen 2007b) and the effects of its implementation (Candraningrum
2006; Mulia 2007a; Munir 2005). None of the research has focused on women’s
security, by reffering to the concept from the Commission of Human security and in
the context of perda sharia, although some researchers have used a feminist
perspective and a focus on gender.
This study seeks to address the question of how the religious, social and political
changes in two districts where Perda Sharia has been implemented—Cianjur, West
Java and Bulukumba, South Sulawesi—have been influenced by the regulations. It
also seeks to analyse the effects on women and their security by investigating the
interrelationship between regional regulations and the implementation of Perda
Sharia to examine the extent to which regional autonomy laws have made Perda
Sharia possible. In addition, to provide more understanding to the context and the
discourse of the Perda Sharia, this research also examines supporters’ motivations
and whether their support for the implementation of Perda Sharia is part of their
beliefs that it is their religious duty to promote Sharia, or whether it is simply a
strategy to mobilise support in local electoral campaigns. Further, the arguments of
the opposition groups are considered.
To understand women’s security, this study investigates the enactment of Perda
Sharia in terms of whether it has been a symbolic, political or religious gesture, and
whether Perda Sharia has been systematically enforced. The study also investigates
the enforcement of Perda Sharia and its effect on women—specifically women’s
security—which has not been discussed much in the Indonesian context. Due to a lack
of research on this issue, it is important to explore the agency of the women to express
their opinions regarding Perda Sharia and the concept of security, as women’s voices
are often ignored in most developing countries. In addition, this study also
7
investigates women’s participation in the political process surrounding Perda Sharia
and the decision-making process surrounding the implementation of Perda Sharia. It
also examines the extent to which policy-makers, politicians and legislators have used
women’s issues to advance other social, political and religious agendas. Thus, the
discourse on jilbab- head veiling - is also an integral part of the discussion in this
thesis
Therefore, this study is important because it not only explores women’s participation
in the political process, but also their security. This research contributes to academics’
and policy-makers’ understanding of how the implementation of Sharia regional
regulations has affected women’s security.
1.3 Methodology
This study adopts a qualitative methodology and uses a case study approach to
investigate the effect of the implementation of Sharia-influenced regional regulations
in Indonesia. A case study is a way of exploring the phenomenon in its context
(Holloway 1997), and it is considered an appropriate approach because it will allow
for the inclusion of the perspectives of individuals within a bounded domain (the
district) and determine the range of factors and issues affecting the implementation of
an initiative (Stake 1999). This approach will not attempt to generalise the
phenomenon; rather, it will examine the empirical data from particular cases (Stake
1999).
The case studies used in this research are two districts in different provinces that have
implemented Perda Sharia: Cianjur (West Java) and Bulukumba (South Sulawesi).
These districts have been chosen for several reasons. First, both districts have
implemented all categories of Perda Sharia, which govern three aspects of life: to
eradicate moral and social problems such as the consumption of alcohol and
prostitution; to enforce ritual observances among Muslims; and to manage the way
people dress in the public sphere. Second, Perda Sharia in these two districts have
been in place for more than five years. This enables me to observe and analyse the
effect of the implementation of Perda Sharia, especially on women’s rights and
women’s security. Third, the political constellations in the two districts are relatively
8
complex. For instance, in both districts, the most successful party in the 2004
legislative election was the ‘secular’ party Golkar, which, it was presumed, would not
support Perda Sharia. However, Muslim parties supported the successful candidate
for the position of Bupati, and in the election campaigns for Bupati, Perda Sharia was
one of the key issues debated. I assume that these are unusual circumstances that will
provide a useful context to analyse the complex political dynamics surrounding the
implementation of Perda Sharia. Lastly, the two districts have different cultures,
ethnic compositions and dominant Islamic organisations, which reflect divergent
religious values and ideals.
The data collection in the case study was carried out using in-depth interviews, focus
group interviews (FGI) and document analysis. As Seidman claims, an in-depth
interview is a powerful way to gain insights into social issues through understanding
the experiences of the individuals whose lives reflect those issues (Seidman 2006, pp.
7-10). The interviews used in this research were designed to obtain in-depth data and
information from the selected subjects. The interviews were conducted in a semistructured format, which allowed the informants to answer questions on their own
terms, but it still provided a thematic guide (May 2001). The interviews were
conducted individually for between one and one and a half hours, and they were
recorded with the informants’ consent.
The technique used to select the informants was judgment sampling—sometimes
called purposive sampling (Salton 2007, p. 105)—as I already knew who I wanted to
interview. The selection of the informants was based on their knowledge, involvement
and experience in the decision-making process, political process and the
implementation of Perda Sharia. The selection of the community leaders and political
representatives was based on either their support of, or opposition to, Perda Sharia,
according to their statements in the local mass media.
It was planned that the research would involve interviews with 30 informants in the
two districts. The 30 informants included four Bupati: the two former Bupati in the
two districts and the two current Bupati in the two districts, to discuss the motivations
for the implementation of Perda Sharia, the local religious and political dynamics
associated with it, and how regional autonomy influenced the implementation of
9
Perda Sharia; four members of the DPRD, consisting of two members of the DPRD in
the each district, who were supporters and opponents of Perda Sharia. These
interviews facilitated an understanding of both the decision-making process of Perda
Sharia and the political and religious objectives of those involved; two heads of the
district police who were responsible for the enforcement of Perda Sharia; six
community leaders: two from Islamic organisations that support Perda Sharia, two
from Islamic organisations that oppose Perda Sharia, and two from non-Islamic
organisations in order to identify the discourse surrounding Perda Sharia; two female
activists who were involved in the decision-making processes: to determine how the
implementation of Perda Sharia affected women and to investigate the extent to which
women were involved in the implementation of Perda Sharia; two experts from the
National Commission on Violence Against Women (Komnas Perempuan) and
universities: to obtain information about women’s security and rights in Islam, related
to the implementation of Perda Sharia in Indonesia; ten women from different
backgrounds, such as students, housewives and employers: to ascertain their
understandings and opinions regarding Perda Sharia, the concept of women’s security
and the effect of implementing Perda Sharia on their lives.
However, during the fieldwork, I also employed the technique of snowball sampling
(May 2001, p. 132; Salton 2007, p. 105) because some informants referred to other
people who they considered to have relevant knowledge and expertise on aspects of
the research. Therefore, during the fieldwork, the number of informants more than
doubled from the original plan. In a few cases, I did not interview all the informants
that I had planned for various reasons. For instance, I planned to interview 4 Bupati:
the former and current Bupati, however, after several appointments during the field
research I only succeeded to interview the former Bupati in both districts, who had the
idea to implement perda sharia, although initially the current Bupati in Cianjur stated
his willingness to be interviewed, but eventually he referred me to another person to
interview as he thought this person was also an expert and was able to represent his
ideas and opinions.
The next technique was the FGI, which allowed me to explore a group’s norms and
dynamics around issues and topics that I wished to investigate (May 2001). These
groups involved five women in each district, six members of political parties, three
10
members of MUI and five young males. The last group was not part of my initial
planning; it developed from discussions with an informant and his friends in
Bulukumba, and they became the focus group of young males. I obtained much
information in relation to the discourse of Perda Sharia in Bulukumba and the local
political context, and about some additional informants, who were then interviewed.
The third method was document analysis for describing, interpreting and analysing
the institutional documents. For this technique, I analysed the texts of the Perda
Sharia, government documents, General Election Commission (KPU) documents and
the DPRD’s debates about Perda Sharia. In addition, many NGOs, political parties
and religious organisations use print, electronic media and the Internet to disseminate
their views on Perda Sharia. Therefore, information from newspapers, magazines and
any other media related to the research topic was also considered. This material was
analysed not only for its insights into the political process, but also as a discourse of
Perda Sharia.
The data were analysed inductively, which allowed me to approach the transcripts
with an open attitude and to seek what emerged as consistent and significant. There
were two ways in which the interview data were approached. First, I developed
profiles of the informants and grouped them into categories consistent with their
backgrounds and roles. Second, I analysed the data thematically and then studied the
categories for thematic connections within and among them (Seidman 2006).
1.4 The Fieldwork
I conducted the research in South Sulawesi and West Java for six months, from
February to July 2008, and I revisited Cianjur in July 2009, March 2010 and August
2011. I have maintained a connection with the informants in order to update the
information for my research. Although I conducted the research in my own country,
the fieldwork was challenging for me because I had never been to either district and I
did not have any contacts in Cianjur or Bulukumba. Thus, I used my network of
friends who worked in NGOs in Jakarta and obtained valuable information, such as
which contacts could access key persons in both districts, and which local NGOs were
concerned with the Perda Sharia and knew more about what research had been done
11
in relation to this topic. Apart from that, during the field research, I faced some
difficulties, as both districts have different local languages, customs and cultures to
my own district in East Java. It was challenging for me as a researcher working in
different regions of Indonesia. In addition, being a female researcher and researching
a gender-sensitive topic also challenged me.
My research was mainly conducted in the Indonesian language; however, in many
cases, some informants responded to my questions using their local language because
they could not speak Indonesian fluently or they thought that there was not an
appropriate term in the Indonesian language. To deal with this problem, I wrote down
the local words and terms that I did not understand and later asked my colleagues who
spoke the local language of the informants.
The research location represents different cultural, religious and ethnic environments.
Cianjur was dominated by Sundanese, and Bulukumba was dominated by Makassar
and Bugis people. Before I visisted the location, I studied their customs and culture,
and I contacted colleagues with research experience in both areas. During the
research, I always attempted to be careful and to respect the local culture.
As a female researcher working on sensitive gender issues—that is, women’s rights
and women’s security under the implementation of Perda Sharia—when I conducted
interviews, I was sometimes accompanied by a female or male colleague. In some
cases, I also declared my status as a married woman. I considered that the presence of
a third person was appropriate when I interviewed a male Islamic scholar, as the
Islamic norm is that it is not proper for an unrelated male and female to stay in a room
without the presence of others. Given this Islamic norm, the presence of the third
person did not affect the conduct of the interview; rather it made the interview
possible and acceptable.
There were some issues that I needed to respect and consider, such as the possibility
of women (especially single women) travelling alone far away from home, because
some Muslim scholars believe that woman must be accompanied by a close male
12
relative (muhrim).16 Further, some interviews with male informants would not be
possible with only the male informant and myself present, due to some Islamic
scholars’ opinions that a male and female non-muhrim are forbidden to be in a room
together. This issue was resolved by having another person present.
As the interviews were conducted with informants from divergent backgrounds (e.g.
education level, political party and organisation affiliation, status/position and
different views on the topic), I tried to position myself to be accepted and trusted by
starting with general conversation in order to find something in common between the
informants and me. For instance, when I interviewed a Kyai
17
(Islamic
scholar/leader), I started by introducing myself and stating that I had graduated from a
pesantren (Islamic boarding school). We discussed pesantren and I later asked the
Kyai about the topic of my research. Therefore, the way I approached and interviewed
the Kyai or Ulama was different compared to when I interviewed priests and other
Christians.
The interviews were challenging, especially when I interviewed members of minority
communities, as the issue of Sharia is very sensitive. For instance, the Christian
population of Bulukumba is very small, comprising around 20018 members, which are
spread throughout the district. Only 23 Christians live in the city of Bulukumba, and
there is only one church, so it was easy to locate the Christian community. The priest,
who is a woman, lives in the adjoining house. During the first visit, I received the
impression that the priest did not want to talk to me about Perda Sharia, and she
appeared suspicious of me perhaps ecause I wore jilbab and identified as Muslim. I
explained that my research was part of my PhD, and I made it clear that it was
independent research and had nothing to do with the Bulukumba government. I also
explained my own position regarding the implementation of Perda Sharia. Finally, the
priest agreed to talk to me and made another appointment. During the second visit,
other Christians were present. I introduced myself and started chatting about the
16
Muhrim or mahrom is from Arabic language, literally means forbidden to be married. It includes close male
relatives such as brother, father, grandfather, great-grandfather, and so on, brother, son, grandson, great-grandson,
uncle, great-uncle, nephew, grandnephew, great-grandnephew, and so on.
17
Kyai is a Muslim leader, cleric; a title for Islamic scholars who generally lead a pesantren
18
The Rev Lena stated that the number of Christian was about 200 members (Bulukumba priest, Interviewed,
Bulukumba, 17-07-2008). However, based on data in Central Bureau of Statistics 2011, the number of Christians
has increased to include 452 Catholics and 153 Protestant (BPS 2012)
13
general conditions in Bulukumba to make the situation more relaxed. After about half
an hour, I started asking about Perda Sharia, but I felt that they only told me the good
story of Perda syriah; it appeared that they did not trust me yet. With the priest’s help,
I reassured them that I was conducting independent research. They then spoke more
openly.
1.5 Scope and the Objective of the Research
The objective of the research is to explore the motivations for implementing Perda
Sharia and the local religious and political dynamics associated with it, as well as how
regional autonomy has influenced its implementation. Therefore, I planned to
interview the former and recent Bupati of both districts, as they had proposed the idea
of the Perda Sharia to the DPRD. In Cianjur, I succeeded in interviewing the former
Bupati, Warsidi Swastomo, who had moved to the city of Bogor. I obtained a contact
number for the former Bupati from the head of Partai Bulan Bintang (PBB; Crescent
Star Party) in Cianjur. Later, I discovered that Wasidi had been nominated for the
national parliament (caleg—calon Legislatif) by the PBB.
With the current Bupati, I tried to make an appointment through the ‘orang dekat’
(private assistant) of the Bupati. One of my contacts that assisted me to menembus
(have access/contact) with the orang dekat Bupati suggested that I offer ‘uang
pelicin’ (bribery) so that I would be prioritised. Nevertheless, after several delays to
the agreed appointment, I still could not meet the Bupati. I decided to go to the private
house of the Bupati with the help of my new friend, who was the friend of the
Bupati’s son. However, the Bupati was not willing to meet me; instead, he sent his
son to talk to me and answer my questions. According to the Bupati’s son, what he
said would reflect the Bupati’s opinion because the Bupati had already briefed him.
These are common difficulties for researchers to meet elected politicians; in contrast,
politicians seeking election often welcome researchers.
In Bulukumba, I could interview the former Bupati who, during my fieldwork,
became the head of the Department of Education in Province, Makassar. He was the
initiator of Perda Sharia in Bulukumba. However, I could not meet the Bupati of
Bulukumba although the Bupati, and the vice of Bupati agreed to be interviewed.
14
To understand the decision-making process of Perda Sharia and the political and
religious objectives of the decision maker, I also interviewed the members of
DPRD—the members of the political parties who were supporters and opponents of
Perda Sharia. In addition, I interviewed community leaders from Islamic and nonIslamic organisations to identify the discourse surrounding Perda Sharia. To
investigate how the implementation of Perda Sharia affected women and the extent to
which women were involved in the decision-making process of Perda Sharia, as well
as the extent to which women’s issues were used to advance social, political and
religious agendas by politicians, I interviewed female activists from the local NGOs.
In addition, I interviewed some activists from national NGOs and some experts from
the National Commission on Violence Against Women (Komnas Perempuan) and
universities to gather information about women’s security and rights in Islam in
relation to the implementation of Perda Sharia.
As the main concern of this thesis is women living under Sharia, I interviewed women
from different backgrounds (e.g. students, housewives and employers), to ascertain
their perspectives and opinions regarding Perda Sharia, the concept of women’s
security and the effects of the implementation of Perda Sharia. I have maintained
contact by phone or email with some of the informants to ask new questions or to
confirm data.
15
1.6 Two Case Studies: Understanding the Context
1.6.1 Cianjur
The Cianjur district is located in the centre of the West Java province, 65 km from the
capital city of Bandung and 120 km from Jakarta. There are 30 sub-districts
(kecamatan) and 342 villages and six wards (kelurahan) in the city. The population
was 2,168,514 in 2010, with 1,120,550 males and 1,047,964 females (Salman 2012),
and the majority population in this district is Sundanese, which is the majority ethnic
group of West Java; however, other ethnic groups, such as Javanese, also live in this
district. Based on the 2004 election, there were 45 members of the DPRD, including
eight female members; in 2009, there were 50 members, including nine females.
Golkar was the largest party in the legislative elections in Cianjur in the elections of
1999 and 2004; however, in 2009, the Democratic Party (Partai Demokrat) won the
greatest number of seats, with 14 members in the DPRD, while Golkar only won eight
seats compared with 17 in the 2004 election. There are three large and influential
Islamic organisations in Cianjur: NU (the Awakening of Islamic scholars),
Muhammadiyah and PERSIS (Persatuan Islam, Islamic Unity). The three
organisations play a significant role in Cianjur. For instance, the chairman of NU is
the head of the MUI. The NU, Muhammadiyah and PERSIS will be discussed further
in Chapter 5.
The history of Islam in Cianjur has experienced fluctuations, starting from Islam’s
encounter with Hindu kingdoms under the Dutch colonial administration, and the
political changes that followed Indonesian independence. Cianjur was part of the
Hindu kingdom of Padjadjaran, which ruled much of West Java. However, in the
16
1480s, Islam was brought to West Java by Susuhunan Gunung Jati, the Sultan of
Cirebon, located on the north coast of Java. Since then, the Islamic teaching has
spread throughout West Java, and in Cianjur it has been spread by Aria Wiratanudatar
(Yulia, Kurniawati & Azizi 2004).
Islam was disseminated to West Java in two ways: through the establishment of
Islamic Sultanates in Cirebon and Banten (Tasman 2004), and through the
establishment of educational institutions such as pesantren (Islamic boarding schools)
and madrasah (Islamic schools) in rural areas. After the death of Sunan Gunung Jati,
the process of Islamisation in West Java was continued by the Sultans of Cirebon and
Banten, such as the prince of Pasarean and his son-in-law, Fadhilah Khan, commonly
known as Falatehan or Fatahillah, who was Sultan of Demak. Many Ulama (Islamic
scholars) played significant roles in the Sultanates of Cirebon and Banten promoting
the dissemination of Islam. During the colonial period, the role of pesantren and
Ulama changed from being the base for disseminating Islamic teaching to being the
base for the struggle against colonial rule, and many Ulamas were involved and
became leaders of the struggle for independence.
On 7 August 1949, just four years after Indonesia’s proclamation of independence,
Kartosuwiryo established the Darul Islam Indonesia (DII) movement, which sought to
make Indonesia an Islamic State (Negara Islam Indonesia) that implemented Islamic
law based on Kartosuwiryo’s interpretation.19 The DII was centralised in Tasikmalaya
(Soebardi 1983) and by 1956, the DII occupied nearly half of West Java, with strong
support in Ciamis, Garut, Sukabumi, Cianjur, Bandung and Bogor (Van Dijk 1981, p.
93). The DII movement in West Java influenced the rebellions led by Daud Beureuh
in Aceh and Kahar Muzakar in South Sulawesi.
19
Many Islamic scholars and politicians were opposed to the idea of Negara Islam Indonesia, as they argued that
Islam had not determined a particular model of the nation-state. See Dijk, C 1981, Rebellion under the banner of
Islam: the Darul Islam in Indonesia, Martinus Nijhoff; Al-Chaidar 1999, Pengantar pemikiran politik proklamator
negara Islam Indonesia SM Kartosoewirjo: mengungkap manipulasi sejarah Darul Islam/DI-TII semasa Orde
Lama dan Orde Baru, Darul Falah; Horikoshi (1975; Jackson & Moeliono 1980); Soebardi (1983); van
Nieuwenhuijze (1950); Jackson (Jackson 1980; Jackson & Moeliono 1980)
17
1.6.1.1 Perda Sharia in Cianjur
The idea to implement Islamic Sharia in Cianjur was initiated in the early 1920s by
the Islamic scholar (Ulama) Kyai Haji Raden Muhammad Nuh bin Adris. He was a
fighter from the national movement (pejuang pergerakan nasional) who joined
Syarekat Islam (Yulia, Kurniawati & Azizi 2004). However, afterwards, he was not
actively involved in politics, but he also focused on the implementation of Sharia
through education by establishing Islamic education institutions. He sought the
implementation of the substance of Sharia Islam rather than the formalisation of
Sharia Islam as the basis of Indonesian law. Afterwards, his children and family
continued his struggle. One of his sons, Abdullah bin Nuh, became a national and
international figure. He was famous because of his ideas on ukhuwah Islamiyah
(fraternity within Islam/fraternity with fellow Muslims), ukhuwah wathaniyah
(fraternity within state as a citizen/fraternity within fellow Indonesians) and ukuwah
insaniyah (fraternity as a human). Although he was a key person in NU, he could
unite all of the different groups in the Muslim community. In 1935, he organised a
‘Kongres Umat Islam’ (the congress of the Muslim community) in Cianjur (Yulia,
Kurniawati & Azizi 2004). The activities and ideas of Kyai Haji Raden Muhammad
Nuh bin Adris and Abdullah bin Nuh served to strengthen Cianjur’s identity as a
centre of Islamic education (Yulia, Kurniawati & Azizi 2004).
The Cianjur community has three philosophical terms that are believed to be aspects
of the perfection of life: ‘Ngaos, Mamaos and Maen Po’. Ngaos means the tradition
of reading the Qur’an and learning Islamic teaching. This tradition strongly influences
the life of Cianjur people; hence, Cianjur is well known as a religious district or Tatar
santri (Yulia, Kurniawati & Azizi 2004). This is due to the fact that the district has
many pesantren (Islamic boarding schools) and Ulama (Islamic scholars). Cianjur
also has many old and respected pesantren, such as Pesantren Buntet, which was
established in 1750. ‘Mamaos’ is the art of Sundanese song and music, which
includes kecapi indung (Sundanese traditional music instruments) and suling (flutes).
The music is mainly performed to express praise for almighty God (mengungkapkan
pujian akan kebesaran Tuhan). ‘Maen Po’ is the martial art that expresses skill and
strength (Yulia, Kurniawati & Azizi 2004).
18
In the reformation era, indications that Cianjur would implement Sharia Islam came
from the initiative of Ir. H. Wasidi Swastomo when he was a regional secretary20 and
became a candidate for the position of Bupati in 2001. Wasidi promised to some
NGOs, community organisations (ormas) and political parties that he would
implement Syariat Islam if he was elected as Bupati. The issue of Sharia Islam was a
crucial issue; hence, some organisations and Islamic NGOs had commitments to
support any candidate who would implement Sharia Islam in Cianjur, and Wasidi was
elected as Bupati. A further discussion on the elections for Bupati and the strategies to
promote and implement Perda Sharia can be found in Chapter 6.
1.6.2 Bulukumba
The district of Bulukumba is located in the southern part of Sulawesi Island, about
153 km from Makassar, the capital city of South Sulawesi province. The district of
Bulukumba consists of 10 sub-districts (kecamatan), namely: Ujung Bulu, Gangking,
Kindang, Ujung Loe, Bontobahari, Bontotiro, Herlang, Kajang, Bulukumpa and Rilau
Ale. It has 126 villages (desa/kelurahan). The district has the motto ‘Bulukumba
Berlayar’ (‘Bulukumba sails’), but Berlayar is an acronym of ‘Bersih Lingkungan,
Alam yang Ramah’ (clean environment, nature-friendly). The vision of the district
government is ‘mewujudkan Bulukumba sebagai Pusat Pelayanan di Bagian selatan
Sulawesi Selatan yang bertumpu pada kekuatan lokal dan bernafaskan keagamaan’
(‘develop Bulukumba as a Service Centre in the southern part of South Sulawesi,
which is based on local strengths and religiosity’).
20
Regional secretary (sekertaris daerah) is the highest administrative position in kabupaten after Bupati.
However, the Bupati is the senior political position.
19
The population of Bulukumba in 2006 was 383,870, with 182,551 males and 201,319
females. The Bulukumba district population has a majority of Bugis and Makassar.
Therefore, the languages used in everyday life are Bugis and Konjo with a Makassar
dialect. Islam is the religion professed by nearly all of the population (99.75 per cent),
whereas the Christian population is divided into Protestant (0.13 per cent) and
Catholic (0.06 per cent), and Hindu (0.01 per cent) and Buddhism (0.05 per cent)
comprise the other religions or beliefs (Kabupaten Bulumba dalam angka 2007;
(Kamil & Bamualim 2007a).
There have been an increasing number of places of worship for Muslims, from 534
mosques in 2000 to 591 in 2006; however, this district has only one worship place for
other religions (a church for Christians) (Kabupaten Bulukumba dalam angka 2007).
The DPRD had 35 members at the 2004 election, with only one female member from
the Golkar Party, and there were 40 members after the 2009 election. The largest
party in the DPRD was Golkar in all of the post-Suharto elections, with PAN and
Partai Demokrat having four seats each in 2009 (Arum, the head of KPU in
Bulukumba, interviewed 6 June 2008).
Although there are not many Islamic scholars and Islamic students (Ulama’ dan
santri) in Bulukumba, religious culture strongly influences the lives of the
Bulukumba people. This is because, historically, Bulukumba is one of the regions
where the expansion of Islamic teaching (pengembangan syiar Islam) in South
Sulawesi occurred. In the seventeenth century, Syeh Maulana Khatib Bungsu, who
had the title Dato’ Tiro, arrived in South Sulawesi with his two friends, Khatib
Makmur (commonly known as Dato ri Bandang) and Khatib Sulaiman (sometimes
known as Dato Patimang), who were from Sumatra. They were students of Sunan Giri
from Gresik, East Java. In the 1600s, Dato Tiro arrived in Bulukumba and
disseminated Islamic teachings. He converted the king of Tiro Launru Daeng (known
as Karaeng Ambibia), his family and his community. Since then, Islam has been
widely practised in Bulukumba, so that Islamic teaching is deeply rooted among its
people (Andis 2004).
In Bulukumba, there are two influential Islamic Organisations: NU and
Muhammadiyah. These two organisations have large followings at the grass roots and
20
in the political elite. For instance, the chairman of MUI in Bulukumba is the chairman
of NU. In the implementation of Perda Sharia in Bulukumba, in contrast with the
central leadership of both organisations in Jakarta, the leaders of these two
organisations in Bulukumba are actively involved in initiating and proclaiming the
application of Perda Syaiah (Kamil & Bamualim 2007a).
These two organisations also have influential universities in Bulukumba. NU has the
Sekolah Tinggi Agama Islam (STAI: Islamic College of Teachers) Al-Ghazali, which
trains religious teachers and preachers in remote Bulukumba, while Muhammadiyah
has the Sekolah Tinggi Keguruan dan Ilmu Pendidikan (STKIP: College of Teacher
Training and Education), which trains teachers in the district. There will be a detailed
discussion of NU and Muhammadiyah in Chapter 5, in the section ‘identifying the
supporter of Perda Sharia’.
1.6.2.1 Perda Sharia in Bulukumba
The idea to implement Sharia Islam in Bulukumba was strongly supported by the
Komite Persiapan Penegakan Syariat Islam (KPPSI: Preparatory Committee for the
Implementation of Islamic Sharia), which was established in South Sulawesi on 21
October 2000. However, the KPPSI does not say that it supports the establishment of
an Islamic State in Indonesia, which was the objective of Darul Islam (DI), led by the
father of its own chairman, Azis Kahar Muzakkar. The KPPSI disassociates itself
from DI’s military campaign, but identifies itself with the broader religious objective
of the DI, which is to implement Sharia through regulations. There will be a further
examination of KPPSI in Chapter 5.
Perda Sharia, which is commonly known as ‘Perda keagamaan’ in Bulukumba, was
initiated by Andi Patabai Pabokori, who became the bupati for two periods: 1995–
2000 and 2000–2005. The idea had its origins long before he became the Bupati
(Andis 2004). In 1994, when he was the regional secretary (sekertaris daerah) of
kabupaten Bulukumba, he was involved in the revitalisation21 of the program of
Badan Koordinasi Pemuda Remaja Masjid Indonesia (BKPRMI: Coordinating Board
for Indonesian MosqueYouth ). He strongly supported any activities related to Islam
21
Andi Patabai Pabokori became the regional secretary for the period 1992–1995
21
and religiosity. Since then, there have been an increase in activities related to Islam,
such as the of religious teaching, especially studies of Quran, for both children and
adults such as in Taman Kanak-kanak Quran (TKA) and Taman Pendidikan Quran
(TPA). In 1996, one year after he was elected as Bupati, Bulukumba held a Porseni
Remaja Masjid (Sports and Arts Competition for the Mosque Youth) in South
Sulawesi for the first time. Due to his achievement as The Best Coach and Advisor of
The youth Mosque at the National Level (Pengayom Terbaik Pembina Remaja Masjid
Tingkat National), Patabai was awarded a Peniti Emas (golden pin) from the
Indonesian president in 1997 (Kamil and Mualim 2007; Mahrus Andis 2005). Since
then, he has become an enthusiastic supporter of Islamic activities. In 1995, several
years before Bulukumba implemented Perda Sharia, the district implemented a Crash
Program Keagamaan22 to enhance the religiosity of the community.
1.7 Thesis Outline
This thesis consists of nine chapters. Chapter 1 presents the background of the
research. It provides a general introduction to the subject, establishes the research
questions, discusses the complexity of the Perda Sharia issue, describes the context of
the case study, reviews the research methodology, reports on fieldwork and offers a
thesis outline. Chapter 2 discusses previous studies related to the research, including
Sharia, fiqh and Islamic Law. It reviews previous studies on the implementation of
Sharia in Indonesia, human rights and democracy within the Islamic framework, and
it outlines women’s issues in relation to Islam. The definitions of human security and
women’s security are also addressed in this chapter. Chapter 3 addresses the question
of what has made Perda Sharia possible by exploring the history of the sacred word
of Sharia in Indonesian politics, investigating the government policy towards Islam
and examining the relationship between regional autonomy and the application of
Perda Sharia. Chapter 4 investigates the dynamics of Perda Sharia by identifying its
supporters. Chapter 5 discusses the ideology and the motives of the supporters of
Perda Sharia. Chapter 6 explores the political process of Perda Sharia by
investigating the use of Sharia issues during elections. The question of whether the
issue of Sharia benefited the Bupati candidate is also addressed in this chapter.
Chapter 7 examines the concepts of human security and women’s security developed
22
The name ‘crash program keagamaan’, based on my interview with Patabai and Mahrus Andis, aims to give an
understanding that this program has to be done quickly, as conveyed by the term ‘crash’
22
by the Commission of Human Security, and it compares these with the understandings
of the women involved in this research, who thought of their own security in terms of
‘local wisdom’. Chapter 8 explores the conflicting interpretations of veiling that have
been developed by some scholars, and it compares these with the understandings and
experiences of women regarding veiling, as has been mandated by Perda Sharia.
Chapter 9 presents the conclusions of the research.
23
Chapter 2: A Review on Previous Studies of Perda Sharia
2.1 Introduction
This chapter will discuss a range of literature that is relevant to this study. Four issues
and some concepts will be examined. It commences by outlining the concept of
Sharia and its differences with fiqh by exploring the discourse and the implementation
of Sharia in some countries, including Indonesia. This section also explores the
discourse of Sharia and how it has been debated and discussed within Indonesian
politics. The second section will investigate and explore the concepts and discourse
within the literature that is relevant to human rights, democracy and Islam. This part
will examine how human rights and democracy have been discussed and debated
within the Islamic framework. The question of whether human rights are compatible
with Islam will also be raised. The next issue will shed light on women, Islam and
women’s security. This part will outline several issues relating to women and Islam,
such as women’s rights in Islam, women’s security, women under Perda Sharia and
how Islamic teaching situates women and women’s rights. Finally, the issue of jilbab
is discussed in this chapter, as this issue relates to politics, identity and religion.
2.2 Sharia: The Meaning and its Implementation
This part will introduce the concept of Sharia and the ambiguity between Sharia and
fiqh (Islamic Jurisprudence). Many scholars have written about Sharia through
various perspectives, such as Mayer (Mayer 1991, 1993), Hallaq (1997), Masud
(1996), Naim (1990) and Guinn (1999). However, there is no single definition of what
is meant by Sharia; it means different things to different people, depending on their
interpretation. Marshal (2005) explained that Sharia is often described as Islamic law;
however, the term ‘law’ is too restrictive to give a sense of its full scope. It certainly
gives rules and guidelines for marriage, economics and criminal law, but it also gives
guidance for spiritual and moral matters such as prayer and pilgrimage. BustamamAhmad (2007) reviewed that many scholars have referred to Islamic law in various
ways as fiqh, Sharia, al-ahkam al-Islamiyah and Islamic jurisprudence. He stated that
the debate on this issue has serious implications for realising Islamic law as a tool in
Muslims’ daily lives. As A. Qodri Azizy (2001) argued, ‘many people are confused in
24
understanding Islamic law, because they think that Islamic law is identical with the
Sharia or even the wahyu (revelation) of God’ (Azizy 2001, p. 264). Abdu Rahman I
Doi (1992; 2007) and Hussain (2004) used the term ‘Islamic Law’ to explain Sharia,
which literally means ‘a way to a watering place’ and thus a path to be followed.
According to Muslim belief, it is the path ordained by God for the guidance of
mankind. Therefore, Islamic law has a very important position in Islam, and its
adherents are expected to learn how to apply Islamic law in daily life (BustamamAhmad 2007, p. 140).
Minhaji (1999) argued that Islamic Law has become the most important subject for
students of Islam. He compiled the argument of scholars about the importance of
Islamic Law. First, Islam is a religion of law. Second, law is the core to the
civilisation of a people in general, including in the world of Islam. Third, it is
impossible to understand the Muslim mind, society, ideals, politics and reactions
without some knowledge of the law that the Muslims embrace. Fourth, law is the
heart of Islam. Fifth, for many devout Muslims, both traditionalist and modernist,
Islam without the law is unimaginable. Sixth, for Muslims, the Sharia is a way of life
and the core of Islam. Seventh, it is impossible to understand Islam without
understanding Islamic Law. Eighth, Islamic Law will always be one of the most
important subjects of study for students of Islam (Minhaji 1999, pp. 20-4)
From the discussion above, it can be concluded that Islamic Law covers the entire
aspect of Islamic teaching. However, according to Bustamam-Ahmad (2007), ‘when
we explore what really constitutes Islamic law, we encounter many different
perceptions. Some questions are to be posed; when is Islamic law considered as
Sharia? When is Islamic law considered as fiqh?’ (Bustamam-Ahmad 2007, p. 140).
As Mashood A. Baderin noted, ‘Islamic law, strictly speaking, is not monolithic. Its
jurisprudence accommodates a pluralistic interpretation of its sources, thereby
producing differences in juristic opinions that can be quite significant in a
comparative legal analysis’ (Baderin 2003, p. 33).
Further, Baderin (2001) stated that there is a general traditional misconception about
Islamic Law being wholly divine and immutable due to the usual lack of distinction
between the sources and the method. Hence, distinguishing between Sharia and Fiqh
25
is crucial for a proper understanding of Islamic Law. Although both terms are often
referred to as Islamic Law, they are technically different. According to Doi (2007),
Sharia means ‘path to be followed’ while Fiqh means ‘understanding’. The first refers
to the sources while the second refers to the methods of understanding and deriving
Islamic Law. Further, Baderin (2001) explained that the legal significance of this
distinction is that, as a source of Islamic Law, Sharia is considered divine in nature
and thus immutable, while fiqh, as the understanding, interpretation and application of
Sharia, is a human product that may change according to time and circumstances.
Thus, Islamic Law consists of two components: immutable divine revelation (Sharia)
and the human interpretation of Sharia (Fiqh).
Further, Kabah (2004) argued that the definition of Sharia is often used as a synonym
with fiqh and Islamic Law. The three terms have a similar meaning, as a ‘path’ from
Allah. However, viewed from an Islamic historical perspective, they have different
meanings. According to Kabah (2004), Salim and Azra (2003c), and Salim (Salim,
Arskal 2008), Sharia is divine guidance as given by the Qur’an and Sunnah, and it
includes all aspects of Islamic beliefs and practices. Kabah (2004) defined Islamic
Law as an understanding of Sharia that has been formalised in the text of law, such as
a constitution, regulations and rules that govern the citizen. According to Hussain
(2004) and Bustamam-Ahmad (2007), fiqh is the finding of Islamic laws from the
main sources, namely the Qur’an and Sunnah through ijtihad.
Bustaman-Ahmad (2007) argued that Fiqh and Sharia are very different:
… first, Sharia comes from Allah, but fiqh is the product of human
interpretation; second, there is only one Sharia, while fiqh implies diversity.
Third, Sharia is very authoritative while fiqh is very liberal since it is a
human product. Fourth, Sharia is not subject to change, on the contrary, fiqh
faces many changes through social-cultural dynamics. Fifth, Sharia is
idealistic while fiqh is realistic (Bustamam-Ahmad 2007, pp. 142-3).
Nevertheless, it is worthy to note that when I write ‘Sharia’ or ‘Islamic Law’, I am
referring to fiqh. It is in line with what Al-Asymawi (2003) stated, although there has
been no clear definition for how the implementation of Sharia should be conducted.
However, what people mostly mean by the implementation of Sharia is the
formalisation of fiqh. Kabah (2004) argued that it is not possible to implement fiqh as
a state law. In this context, as a human interpretation, fiqh has produced Islamic Law
26
or the Islamic legal system. However, some states that are considered Islamic states
usually formalised fiqh or human interpretation to be state law.
2.3 Discourses on Sharia and its Implementation in Indonesia
The studies on the discourses of Sharia in Indonesian politics have been widely
available in Indonesia. The most prominent research was conducted by Boland
(Boland 1971), who elucidates the formation of Indonesia as a nation-state and the
endeavours of the Muslim elite to have state constitution based on Sharia. Many other
scholars have also conducted research on the issues of Sharia in Indonesia from
various perspectives, including Effendy (Effendy 2003), Assyaukani (Assyaukanie
2009), Salim and Azra (2003c), Salim (2003), Hooker (2003) and van Bruinessen
(Bruinessen 1996a).
Effendy (Effendy 2003) presented the tense and shifting political relationship between
Islam and the state in Indonesia from the pre-independence period until the years
following the fall of Suharto. He records the reasons for the division between Islam
and the state. He observed two prominent theories in contemporary Islamic political
thinking, both of which recognise Islam as a primary force that pervades all spheres of
life. The first theory views the formation of a Muslim state with Sharia as the state
constitution and the ultimate embodiment of its ideology, thus believing that the
concept of a modern democratic nation-state inherently contradicts the fundamental
principles of Islam. The second theory argues that Islam does not contradict the
concept of a modern democratic nation-state because the Qur’an is flexible, open to
multiple interpretations and does not stipulate a particular system of government. This
theory believes that the fundamental ethical values found in the Qur’an—‘justice,
equality, brotherhood, and freedom’ (Effendy 2003, p. 7)—are in line with the system
of democracy. Effendy also provided a critical analysis of the relationship between
Islam and the state after the fall of President Suharto in 1998, which opened the door
for mass participation in political activities and the formation of 181 political parties,
of which 42 were Islamic. Despite the recent increase in Islamic political parties that
support Sharia as their ideological basis, Effendy (2003) argues that this is an
expected part of the shift from authoritarian to democratic rule.
27
Other scholars, such as Fealy (2005), Riddell (2005), Salim and Azra (2003c) and
Hosen (2007b), observed that Suharto’s departure created opportunities for several
Muslim groups and political parties to propose the introduction of Sharia into the
constitution, and Indonesia, the largest Muslim country in the world, entered a new
era of political, legal and economic reform, particularly when Habibie’s government
passed two laws to promote regional autonomy.
Drakeley (2005) observed that the elimination of the New Order’s political constraints
has not resulted in a transformation in the fortunes of political Islam that some
expected. As Rumadi (2007) observed, Islam is the dominant religion in Indonesia;
however, as a political power, Islamic parties have not been successful at the
elections. The results of the general elections of 1999 and 2004 show that the
proportion of Indonesian Muslims inclined to give their vote to clearly identifiable
santri-based parties declined when compared with the pre- New Order period. In the
1955 elections, Islamic parties obtained 45.13 per cent of the vote, while in 2004, they
attracted only 21 per cent (Rumadi 2007). These figures suggest a decline in Islam’s
political influence, despite the fact that Indonesian Muslims appear to have become
more santri.23 In addition, the ‘secular’ parties, such as Golkar and (Partai Demokrasi
Indonesia-Perjuangan (PDI-P: the Indonesian Democratic Party of Struggle), have
adjusted their stance to attract santri elements (Effendy 2003; Salim, Arskal 2003).
Nonetheless, it is clear that the establishment of an Indonesian Islamic state is not a
priority for most Indonesian Muslims (Drakeley 2005; Salim, Arskal & Azra 2003c).
The most recent general election—the parliamentary elections of 2009—provided
further evidence that Indonesian Muslims are not automatically in favour of giving
their votes to Islamic parties. From around 10 Islamic political parties participating in
the general elections, only four parties were successful in passing the parliamentary
thresholds of 2.5 per cent from the total national legitimate votes in order to have
seats in the parliament. These parties were Partai Amanat Nasional (PAN: National
Mandate Party) with 6.01 per cent, Partai Kebangkitan Bangsa (PKB: Nation
Awakening Party) with 4.94 per cent, Partai Keadilan Sejahtera (PKS: Prosperous
Justice Party) with 7.88 per cent and Partai Persatuan Pembangunan (PPP: United
23
Santri is a term that is commonly used in Indonesian literature to refer to a Muslim who practices Islam
doctrines devoutly, as opposed to an abangan, who is less devout. For detail, see Geertz (1960).
28
Development Party) with 5.32 per cent. Of these four parties that met the electoral
threshold, only the PKS increased its support, and by less than one percentage point
over its showing in 2004.
In contrast to the limited electoral success of santri-based parties in national politics,
since the implementation of Regional Autonomy in January 2001, many districts—
such as Enrekang, Gowa, Takalar, Maros, Sinjai and Bulukumba in South Sulawesi;
Indramayu, Tasikmalaya, Garut, Cianjur, Kota Depok and Cianjur dan Kota
Tangerang in West Java; Kota Padang, Solok and Bukittinggi in West Sumatra; and
Pamekasan in East Java—have enacted Perda Sharia, despite the provision in article 7
of Law No. 22/1999,24 which states that religious matters come under the authority of
the central government rather than the district governments. Hence, according to
Satriyo (2003), district governments avoid using the term ‘Sharia’. Instead, they
frame the regulations in terms of upholding ‘morality and order’.
However, as Rumadi (2007) argued, it has become the strategy of Islamic groups to
use regional autonomy to enact Perda Sharia, particularly since their failure to
achieve electoral success at the national level. Abu Bakar Ba’ashir, the former leader
of Majelis Mujahidin Indonesia, has argued that Perda Sharia is one way to formalise
Islamic Sharia in the legal system if Muslims cannot establish an Islamic state (ICRP
2007). Turning to the debate about Sharia, it is clear that, before 1999, most of the
debates about the nature of the Indonesian state were conducted at the national level.
However, since regional autonomy in 1999, especially after many districts
implemented Perda Sharia, the debate on Sharia has been focused on issues of human
rights, especially women’s security.
2.3 Human Rights, Democracy and Islam
The relationship between Islam and human rights in the Muslim world has been
discussed by many scholars, including An-Na’im (1990), Monshipouri (1998),
Baderin (2003), Mayer (1991), Arzt (1990), Abu-Sahlieh (1990), Chase (2000),
Akbarzadeh and MacQueen (2008), Hashemi (Hashemi 2008), Behdad (2008) and
24
Law No. 22/1999 was revised with Law No. 32/2004 regarding Local Government. However, the structure of
decentralisation is similar in both laws. The provision of Article 10 of Law No. 32/2004 also stated that religious
matters are still under the authority of the central government.
29
Irene Oh (2007 ). The discourse is not only theoretically relevant to the
universalisation of human rights generally, but it is also specifically relevant to the
practical realisation of human rights in the Muslim world. This is due to the role that
Islam has generally played, and continues to play, in the social, cultural, political and
legal affairs of many predominantly Muslim states and societies, although some other
scholars, such as Brumberg (2005) and Chase (2006), argue that Islam is essentially
neither the solution nor the problem per se to political and social problems in the
Muslim world.
2.4 Muslims’ Responses to International Human Rights
As Hosen (2007b) noted, many Muslim scholars, including Maududi (Maududi 1983),
Patwari (Patwari 1991), and Mahmood (Tahir 1993), are firm in their belief that
Sharia addresses the fundamentals of human rights. Those scholars identify the most
important human rights principles in Islam to be: dignity and brotherhood; equality
among members of the community without distinction on the basis of race, colour or
class; respect for the honor, reputation and family of each individual; the rights of
each individual to be presumed innocent until and unless proven guilty; and
individual freedom. These arguments suggest that Islamic Law protects human rights
according to its own set of values. These values are fixed in divine law and are
considered superior to any law created by humans and established by international
institutions. Those Muslim scholars use the concept of cultural relativism 25 to
legitimise their adherence to Sharia vis à vis human rights (Hosen 2007b).
Halliday (in Baderin 2001) identified at least four classes of Muslim responses to the
international human rights debate. First, Islam is compatible with international human
rights. Second, human rights can only be fully realised under Islamic Law. Third, the
international human rights movement is an imperialist agenda that must be rejected.
Fourth, Islam is incompatible with international human rights. Further, Baderin
(Baderin 2001) added one more class as a fifth response of Muslims to international
human rights: that the international human rights movement has an anti-religious
agenda. This argument mainly refers to Ayatullah Khomeini, spiritual leader of Iran,
who said: ‘What they call human rights is nothing but a collection of corrupt rules
25
Cultural relativism is the principle that an individual human’s belief and activities should be understood in terms
of his or her own culture (Hosen 2007b).
30
worked out by Zionists to destroy all true religions’(Mayer 1991, p. 28). According to
Baderin (2001), these responses reflect the entrapment of human rights between
international politics and humanitarianism rather than a disagreement of the concept
of human rights in Islamic law.
In contrast, Bielefeldt (2000) argued that some scholars who claimed that human
rights have always been recognised in Sharia simply deny that there are any problems
such as gender equality and religious liberty. Although acknowledging women’s legal
personality, Bielefeldt (2000) argued that Sharia did not include the principle of
equality in rights for men and women. In particular, matters of marriage, family life,
divorce and inheritance that differentiate legal standing between the genders have
persisted to the present day. Measured against the standard of modern human rights,
they must be considered discriminatory towards women. Further, Bielefeldt (2000)
argued that despite the Islamic tradition of religious tolerance, some forms of
discrimination against religious minorities, such as restrictions on interreligious
marriage, are still legally in force in most contemporary Islamic countries.
In relation to democracy in the Muslim world, Brumberg (2006) argued that naming
Islam as the solution exaggerates the extent to which Islam shapes Muslims’ political
identity. Chase (2006) argued for a contextualised understanding of the relationship
between Islam and human rights in the Arab world, noting that the political, social
and economic context explains the status of human rights for better or worse. Hence,
Islam is neither responsible for the violations of rights, nor is it the core basis for
advancing rights.
Their arguments were mainly supported by the comprehensive understanding of
current social, cultural, political and legal developments in Muslim states such as
Saudi Arabia, Iran, Iraq, Egypt, Morocco, Sudan, Nigeria, Pakistan, Indonesia,
Malaysia, Palestine and even secular Turkey (Baderin 2007). These developments
reveal different degrees of Islamic influence in both the private and public spheres of
those states that directly or indirectly affect human rights issues. For example,
Bielefeldt (in Baderin 2007) observed that traditional Sharia norms continue to mark
family structures all over the Islamic world, and that the Sharia criminal law is still
applied in a few Islamic countries today. Buskens (in Baderin 2007) observed that in
31
most Muslim societies, Islam infuses family law by denoting the cultural and legal
influence of Islam in that regard, but conversely having a significant effect on the
application of human rights law, especially in relation to women’s rights. Modirzadeh
(Modirzadeh 2006) argued the need to involve Islamic Law in relation to the
promotion and protection of human rights in the Muslim world. She observed that
despite the increasing sophistication in the work of human rights organisations in the
Muslim world, they remain unsure of how to address questions of Islamic Law when
it conflicts with international human rights law. She argued that international NGOs
need to take Islamic Law more seriously and engage with it in one way or another.
Blitt (in Baderin 2007) observed that since the 1970s, Islam has become an
increasingly important political factor, particularly in the Muslim world. This
domestic influence of Islam is formally reflected in the constitutions of some Muslim
states that declare Islam as the religion of the state, recognise Islamic Law as part of
state law or provide for the establishment of state courts that apply Islamic Law
(Baderin 2007).
Apart from the influence of Islam in each Muslim state, Baderin (Baderin 2007) and
Hosen (Hosen 2007a) observed that Muslim states have also adopted regional
instruments such as the Arab Charter on Human Rights, the Charter of the
Organisation of Islamic Conference (OIC), the OIC Cairo Declaration on Human
Rights in Islam and the OIC Covenant on the Rights of the Child in Islam, all of
which make reference to Islam as a relevant factor in the human rights discourse in
the Muslim world. In addition, at the United Nations (UN) level, the OIC has
submitted on behalf of Muslim states regarding proposed reforms of the UN Security
Council, stating that ‘any reform proposal, which neglects the adequate representation
of the Islamic Ummah in any category of members in an expanded Security Council
will not be acceptable to the Islamic countries’ (UN 2004, p. 56). With regard to
international human rights, the OIC:
… expressed its determination to vigorously pursue the promotion and
protection of human rights and fundamental freedoms and encouraged
greater transparency, cooperation, mutual tolerance and respect for religious
values and cultural diversity in the field of universal promotion and
protection of human rights (UN document 2004, p 57).
32
Further, Baderin (Baderin 2007) noted that within international human rights forums,
questions regarding the relationship and effect of Islam generally, and Islamic law
specifically, on the application of human rights law in Muslim states have been raised
before the Human Rights Committee under the UN human rights system, the
European Court of Human Rights under the European regional human rights system,
and the African Commission on Human and Peoples’ Rights under the African
regional human rights system. These undoubtedly reflect the relevance of Islam to
international human rights discourse generally, but particularly its effect and role in
relation to Muslim states (Baderin 2007). An-Na’im (2000) argued that the
implementation of international human rights norms in any society requires
thoughtful and well-informed engagement with religion because of its strong
influence on human belief systems and behaviour. Hence, religious considerations are
too important to the majority of people for human rights scholars and advocates to
continue to dismiss them as irrelevant, insignificant or problematic.
2.5 Women, Islam and Women’s Security
Women, gender and Islam will always be a contested issue because women’s locus in
relation to Islam is problematic when their status is manifested through the eyes of the
practiced Islam. Various interpretations of Islam have managed to define, locate and
perhaps entrap women under certain fixed categories. This section aims to shed light
on the women’s issues within Islam, including women’s status and state identity, and
their rights and security within the implementation of Perda Sharia.
2.5.1 Women’s Status and State Identity
Yuval-Davis and Anthias (Yuval-Davis & Anthias 1989) argued that women’s status
and roles are built through various dimensions of state policy. Central elements of the
roles of women are constituted with the relationship of collectivities to the state. In
addition, the central element of the relationships between collectivities and the state
are constituted around the roles of women (Yuval-Davis & Anthias 1989). Here, the
prevailing nature of the state has obviously been important for the development of
gender ideology among women.
33
There are many ways in which women participate in national processes in relation to
the state, namely: as biological reproducers; reproducers of the boundaries of
ethnic/national groups; reproducers of ideologies and transmitters of culture;
signifiers of ethnic/national differences, which is a focus and symbol of ideological
discourses in the construction of ethnic/national categories, ‘ethnic/national markers’;
and participants in national, economic, political and military struggles (Yuval-Davis
& Anthias 1989). According to Blackburn (2004), state gender ideology refers to the
assumptions about gender on which the state acts, and the way in which it makes an
effort to influence the construction of gender in society. Sometimes these assumptions
on the part of the state are obvious, contained in official statements about policies
relating to women (Blackburn 2004). According to Migdal (1994, p. 11), the state is
‘a set of organizations invested with the authority to make binding decisions for
people and organizations, juridically located in a particular territory and to implement
decisions using, if necessary, force’. The state consists not only of its formal-legal
institutions, but also of informal institutions and non-office holders (Kohli & Shue
1994).
Abdurrahman (2001) observed in Islamic states such as Sudan and Pakistan that
women are the first victims of policies implementing Sharia law. Mulia (2001)
explained that, historically, every country that implements Sharia law began its
political program by controlling women’s rights. She sees this as a political shortcut
to achieving legitimacy by making a symbol of Islam. Women have been easy targets
because they were unorganised and still subservient to patriarchal values (Mulia
2001). According to Hassan (1990) and Shaheed (1994), in most Muslim societies,
the cultural articulation of patriarchy through structures, social mores, laws and
political powers has been justified by reference to Islam and Islamic doctrine. Mulia
(2001) argued that Islam in general and Sharia law in particular have been
deliberately misused to discriminate against women. In addition, the interlocking of
religion with law and customs has profound repercussions for women, affecting them
negatively and disproportionately in comparison to men (Shaheed 1994).
34
2.5.2 Women and Islam within Indonesia
Some studies have been conducted about Indonesian women and Islam in Indonesia.
Smith and Woodward (2013) explores configurations of female leadership, power,
feminisms and sexuality to reveal multiple Muslim selves in pesantren and Sufi
orders. She found that pesantren are not only centres of learning, but also social
spaces in which the interplay of gender, politics, status, power and piety shape the
course of life. She also explained how Muslim women rise to positions of power and
authority in this patriarchal domain, they challenge and negotiate "normative" Muslim
patriarchy while establishing their own Muslim "authenticity." Blackburn (2004) tried
to explore when and why the state in Indonesia became interested in women’s issues.
She argued that the autonomy law introduced by Habibie has been devolving more
power to the district. While it offers women more spaces to be politically active, some
women find themselves discriminated against in the current resurgence of local
identities (Blackburn 2004). Blackburn (2004) and Suryakusuma (2007) observed that
some local governments are using their power to place restrictions on women in the
name of morality, such as in the case of Perda Sharia.
Further, Noerdin (2002) observed that many regions have been implementing Perda
Sharia, which strictly regulates how women should dress and bans them from going
out after 10 pm, unless accompanied by a muhrim (close male relative). The
regulations specifically ban women from wearing a miniskirt, sleeveless shirt and
tight clothing, which men might find sexually arousing. In West Java, a similar
regulation gives power not only to the police, but also to community members to
enforce the regulation.
2.5.3 Defining Human Security and Women’s Security
The global discourse about human security has been developed since 1994, when the
UN published its Human Development Report. In the report, human security as a
concept emerged and began to attract academia and government officials’ attention.
Since then, its slogan ‘freedom from fear and freedom from wants’ has become
popular. Human security refers to a kind of security that does not focus on traditional
security, which is concerned first with the entity of the state. Instead, it focuses on the
importance of protecting the well-being of the human race—not just the security of
one’s own people—cutting across distinctions and boundaries of nationality and
35
ethnicity, class and culture, gender and religion. The UN stated that human security
covers seven dimensions of security and well-being that are necessary to ensure these
freedoms: economic (threats include unemployment, jobs insecurity, income
inequality, poverty and homelessness), food (including inadequacy of food
availability and food entitlements), health (such as infectious diseases, new viruses,
parasitic diseases and respiratory infections), environmental (degradation of air,
water, soil and forest), personal (including discrimination, exploitation, crimes and
terrorism), community (ethics and communal conflicts) and political (violation of
human rights) (UNDP 1994).
In 1999, the Human Security Network (HSN) was formed. The aim of the HSN is ‘…
to energize political process aimed at preventing or solving conflicts and promoting
peace and development’. The shifting paradigm, from protecting the state to
protecting the people, continues to invite a hot debate among scholars. By focusing on
people, human security does not mean that it completely excludes the state, as many
human security issues require state action and, in some cases inaction, as well as a
serious commitment of the state to protect its people. However, the implementation of
Perda Sharia might be an example of where state action endangers women’s security
through regional government regulations that mostly restrict their freedom.
In 2000, at the UN Millennium Summit, the Commission of Human Security was
established. Its aim is to address critical and pervasive threats to human security,
among others. In 2003, the Commission of Human Security submitted its report,
‘Human Security Now’, which emphasised:
… protecting people from critical and pervasive threats and situations,
building on their strengths and aspirations. It also means creating systems
that give people the building blocks of survival, dignity and livelihood.
Human security connects different types of freedoms: freedom from want,
freedom from fear and freedom to take action on one's own behalf. To do
this, it offers two general strategies: protection and empowerment (CHS
2003, p. 10).
However, this definition has been criticised by some scholars (Bunch 2004; Caprioli
2004; Chenoy 2005; Hoogensen & Rottem 2004; Hudson 2005)—particularly those
concerned with women’s issues—in relation to whether this definition adequately
covers women’s security.
36
Further, the concept of security has different meanings in different places and times,
and it will have different implications for different people. Tadjbakhsh and Chenoy
(2007) explained that the concepts of ‘security’ and ‘insecurity’ have relative
connotations in different contexts. For some, insecurity comes from a sudden loss of a
guarantee of access to jobs, health care, social welfare and education. For others, it
stems from a violation of human rights, extremism, domestic violence, spread of
conflicts and displacement. Therefore, to be meaningful, security needs to be
redefined as a subjective experience at the micro level in terms of people’s
experiences.
The Commission on Human Security (2003) defined human security as: ‘the
protection of the vital core of all human lives in ways that improve human freedom
and human fulfilment’. According to Truong, Wieringa and Chhachhi (2006),
discourses on human security have brought together issues of human dignity, rights
and well-being in a comprehensive way. Human security connects different types of
freedom, such as freedom from want, freedom from fear and freedom to take action
on one’s own behalf. To do this, it offers two general strategies: protection and
empowerment. Protection shields people from dangers, which requires a concerted
effort to develop norms, processes and institutions that systematically address
insecurities. Empowerment enables people to develop their potential and become full
participants in decision-making (CHS 2003). However, the discourse about human
security is always followed by two questions: ‘Does the human security concept show
equal concern for women? Is women’s security ensured under the human security
concept?’ (Chenoy 2005, p. 167).
In many articles on human security, scholars (Caprioli 2004; Chenoy 2005; McKay
2004) have tried to relate women’s security to human security. Generally, human
security can enhance gender justices because human security approaches attempt to
overcome physical and structural violence, which creates the domination of men over
women (Hara 2007). Further, different from the concept of traditional security, the
concept of human security, according to Bunch (2004), will assist in discovering the
multiple dimensions that influence women’s lives, in which the most prominent
insecurities of women are the threat of violence in their daily lives and the lack of
37
control over reproduction. According to Chenoy (2005, p. 168), ‘women’s insecurity
can come from within the family, from community conflict or from state or interstate
sources. The insecurity is largely invisible in the private sphere and gendered in the
public sphere’ (UNIFEM 2003 in Chenoy 2005, p. 168). Likewise, some researchers
found that ‘women’s security is systematically violated in both the public and private
sphere, and that legal equality in the public sphere cannot lead to women’s security
without equality in the private sphere’ (Caprioli 2004, p. 412).
In addition, Tickner (1997, in Caprioli 2004), explained that feminist theory, in which
security can only be fully understood by examining gendered structures of inequality,
facilitates an analysis of security differences by sex. Further, Caprioli (2004) argued
that discrimination causes the inequality and structural violence that weakens
women’s security. Women’s inequality results from structural inequality and violence
and, as such, is a measure of women’s security (Caprioli 2004). Women’s security is
only assured when all individuals can live free of violence, exploitation and
discrimination at home and in public (Broadbent 1993, in Caprioli 2004).
Further, based on research into women’s security, Dirlik (1987), Mayer (1995) and
Wali (1995)26 argued that culture can be an obstacle to women’s security. In line with
this, in Indonesia, which is dominated by patriarchal cultural values, the position of
women is subordinated to that of men. This condition is worsened by the fact that
Islam, which is adhered to by the majority of the Indonesian population, as well as
Islamic teaching, which is practised by Muslims, is greatly influenced by patriarchal
interpretations of Islamic teaching. Thus, in a patriarchal society such as Indonesia,
men define security. Many policies have been affected by masculinist-dominant
discourses. The discourses create, reinforce and maintain the gendered condition of
human insecurity (Hara 2007).
26
All of these reference are quoted by Caprioli (2004).
38
2.5.4 Perda Sharia and Women’s Security
Wagener (2006) observed the implementation of the Qonun in Aceh and found that
the debates on the implementation of Sharia regulation (Qonun) in Aceh directly
affect women’s rights and the campaign to secure greater gender equality. She argued
that the application of Sharia to women’s rights is condemned as a one-sided
interpretation of Sharia; for example, the compulsory wearing of a veil (jilbab) by
women when it is enforced by the state. This happens because the formal
interpretation of Sharia has shown that in a society characterised by patriarchal
structures, Islamic Law is used to regulate and control the behavior and outward
symbols of women. Wagener (2006) argued that experience with decentralisation in
Aceh has shown that women have been marginalised through exclusion from the
decision-making processes in political, social and economic spheres. This
discrimination occurs because patriarchal influences dominate the interpretation of
Islamic Law sources, the Qur’an and Hadith27 (Wagener 2006).
In contrast, Widiastuti (2006), the leader of the Muslimah Brotherhood, argued that
Perda Sharia, such as banning prostitution in Tangerang, will improve women’s
dignity and prestige. In addition, Nurwahid (2006), the Head of the MPR, stated that
the implementation of regulations banning prostitution, gambling and immoral
behaviour will not disrupt social life, but rather make it more secure and peaceful.
Further, Juwaeni (2006), the member of the Dewan Perwakilan Rakyat (DPR:
People’s Representatives Council), argued that because of the implementation of
Perda Sharia, the people will be happy and secure, and their social lives will be
better.
From the above discussion, it seems that woman’s issues have been used by
supporters and opponents of Perda Sharia to support their arguments by using the
term ‘security’. However, none of them have defined what is meant by women’s
security. According to Bunch (Bunch 2004), defining the concept of human security
will assist in discovering the multiple dimensions that influence women’s lives. She
added that in women’s daily lives, the threat of violence and the lack of control over
reproduction are perhaps their most prominent insecurities. However, there are few
27
Hadith is the prophet’s sayings, collected traditions, teachings and stories of the prophet Muhammad, which are
accepted as a second source of Islamic doctrine and law after the Qur’an.
39
studies on women and the state that focus on women’s security, especially in the
context of the implementation of Perda Sharia in some districts in Indonesia.
By looking at the discussion above, it is apparent that the concept of human security,
then women’s security is very complex and varies from one to another. It depends on
the socio cultural of women where they live. In this thesis, the definition of human
security is only used as a guideline to explore the meaning of women’s security. It is
only as a comparison of what the women’s experience and what is happening to
women with no intention to limit their story and exploration of the women’s
experience on their security. This is very important to see their agency, to listen to
their opinion and their voice.
2.5.5 The Veil28 and its Discourses
The veil is probably the most discussed issue relating to concerns of gender and
Islam, and many scholars have researched this issue. A number of scholars have
discussed the issue of veiling from various perspectives and analysed the significance
of the growing prevalence of veiling in Africa and Middle Eastern countries ((e.g.
Ahmed (Ahmed 1992); Guindi (El Guindi 1999); (Hoodfar 1991); (Macleod 1992);
(Mernissi 1991); (Abu-Lughod 1986)). These studies present useful findings for
comparison with the Indonesian context, which has a different historical, political and
cultural development with the Muslim world in the Middle East.
Fadwa El-Guindi (1999) conducted a comprehensive study of veiling in Egypt,
attempting to synthesise an ethnographic approach with an historical approach, as
well as an examination of Qur’anic texts, Hadith (the reported sayings of the Prophet)
and Tafsir (Qur’anic exegesis). Her investigation included women who have made the
decision to wear a veil, those who have refused, some who have always been veiled
and others who have never veiled. Unlike most studies featuring ‘veil’ in their title,
El-Guindi’s work does not present yet another treatise on oppressed, victimised and
28
The veil here means the Islamic veil. In a later discussion, the Islamic veil will be addressed as simply ‘the veil’.
As suggested by El Guindi (1999), the veil can appear in various forms, from khimar (a head cover), jilbab (a long,
loose covering head to toe, with face and feet shown) to burqa (covering from head to toe, including the face).
However, There are two terms that mean ‘veil’ or ‘headscarf’ in Indonesian: kerudung and jilbab. While the
kerudung (loose veil) refers only to a cover for the hair or head, the jilbab (tight veil) not only covers the head, but
frequently also covers the whole upper body (like a cloak or shawl). The garment that covers the entire body is
usually called busana muslim (Islamic attire) (Smith-Hefner 2007). Sometimes hijab is used to express the
meaning of jilbab in Indonesia. In this respect, the Islamic veil/veil, jilbab and hijab are used interchangeably.
Veiling means to don the veil.
40
passive Muslim women. Indeed, she strongly rejects such simplistic and ethnocentric
explanations of women’s veiling and the cultural codes underlying it, which, she
argues, have been mainly put forward within the discipline of Women’s Studies.
According to El-Guindi, the dress codes adopted by male and female activists entail a
range of cultural codes that challenge the conventional idiom of ‘modesty-shameseclusion’. Rather, she suggests, the cultural codes underlying veiling relate to notions
of privacy, sanctity, respect and restraint. Her analysis pointed out that the
significance of ‘the veil’ is fluid and changing; it depends on diverse social and
historical contexts (El Guindi 1999).
Bowen (Bowen 2007, 2011), an American anthropologist, explored the various
disciplines of political philosophy, public policy and common sense in changing
French daily life. Bowen (Bowen 2007) investigated how people think about an
important social issue in context. He focused on historical and social aspects to
understand why the French government was concerned about a piece of cloth.
Through his research on media coverage, Bowen found that the emergence of the
veiling controversy was closely linked with three crucial problems: communalism,
Islamism and sexism. He pointed out how the media portrayed such aspects as
limiting the freedom and autonomy of women, and how they are related to other
illegal practices such as violence against women, excisions and polygamy.
Another French study was conducted by Scott (Scott 2007), who elucidated the
political discourse regarding the ban on veiling. The law banning veiling was
primarily aimed at Muslim girls wearing headscarves at public school, but in fact
applied to everyone. Thus, rather than resolving the problem of integrating Muslims
into French society, the law banning headscarves exacerbated it (Scott 2007). Scott
portrayed that the proponents of the law insist that it upholds France’s values of
secular liberalism and regard the headscarf as symbolic of Islam’s resistance to
modernity (Scott 2007). Scott examined the long history of racism behind the law, as
well as the ideological barriers thrown up against Muslim assimilation. She argued
that the law represents France’s failure to integrate its former colonial subjects as full
citizens. She highlighted that the ban’s supporters view sexual openness as the
standard for normalcy, emancipation and individuality, and they believe that the
sexual modesty implicit in the headscarf is proof that Muslims can never become fully
41
French. Scott showed that the insistence on homogeneity is no longer feasible for
France and that it created the ‘clash of civilisations’ (Scott 2007).
In his thesis, Salton (Salton 2007) compared the French and American attitudes
towards religious symbolism in general and the Islamic veil in particular. As in other
matters, at first sight, these two countries seem to adopt very different approaches to
religion and the Muslim veil—so much so, that their positions are often described as
‘irreconcilable’. Salton showed that, at least before the passage of Statute 228-2004,
the French and American legal systems adopted a substantially similar approach that
appeared respectful of a veiled student’s right to wear religious insignia. This study
showed the fundamental value of a Franco-American comparison, which suggests that
the French legal system is fiercely secular, while the American one is strongly
‘religious’ (Salton 2007).
In Indonesia, Brenner (Brenner 1996) explored the meaning of modern veiling among
Muslims in Java by analysing young women’s experiences of conversion to veiling
within the larger context of the Indonesian Islamic movement (Brenner 1996, p. 673).
Brenner argued that the decision to wear Islamic-style clothing both influences and
indicates a transformation of self for women in Java, and that this subjective
transformation is informed by, and in turn contributes to, a larger process of social
change in contemporary Indonesia. She conjectured that in Java, the growing trend for
women to wear Islamic clothing (veiling) challenges local traditions as well as
Western models of modernity. Her analysis of Javanese women’s narratives of
‘conversion’ to veiling against the background of the contemporary Islamic
movement revealed that veiling represents both a new historical consciousness and a
process of subjective transformation that is tied to a larger process of social change in
Indonesia. In portraying themselves as modern Muslims, Brenner pointed out that
veiled women simultaneously produce a vision of a society that is distancing itself
from the past as it embarks upon a new modernity. While she believed that veiling
indicates a new historical consciousness and a new way of life, she also believed that
the practice of veiling should be seen as an active process of both self and social
production (Brenner 1996).
42
Smith-Hefner (Smith-Hefner 2007) examined the practice and meanings of new
veilings and of Islamisation more generally for young Muslim Javanese women in the
new middle class. From her eight months of fieldwork in Yogyakarta, Smith-Hefner
found that the new veiling is neither a traditionalist survival nor an anti-modernist
reaction, but rather a complex and sometimes ambiguous effort by young Muslim
women to reconcile the opportunities for autonomy and choice offered by modern
education with a heightened commitment to the profession of Islam. By means of
ethnographic and life-historical materials, she identified the pervasive practice of
veiling among Javanese Muslim women as an unpredictable development and
paradox of modernity. Instead of framing the veiling practice as a settled entity,
Smith-Hefner argued that veiling is an ostensible model of unfinished transformation.
She concluded that veiling does not only serve as a uniform for the wearer, but it also
has political and sexual dimensions (Smith-Hefner 2007).
Washburn (Washburn 2001) conducted similar research among Javanese Muslims for
one year in Yogyakarta, exploring women’s personal experiences and jilbab-isation.
She used a life history methodology, interviewing women with different experiences
and backgrounds about their religious lives. In this research, Washburn focused on the
15 meanings of Islamic teachings in relation to personal perceptions and the inner
meaning of religious teachings. Interviewees were selected from the middle class and
among scholars and Javanese community members in order to reveal the complexity
of religious interpretation, particularly in relation to wearing the jilbab. The question
of whether wearing jilbab is a personal sign of modernity that is also an expression of
a personal transformation is linked to the patterns of social transformation urged by
the Islamic movement. Washburn found that the jilbab is a personal symbol that
embodies meaning in cultural and psychological terms. It can be a symbol of
modernity or of conservatism. It can also signal an acceptance of a gender role based
on Islamic values. Similarly, donning a jilbab can represent a total personal
transformation, from ignoring religious duties to living as a devout Muslim woman.
According to Washburn, the perception of gender roles in Indonesia was influenced
by the New Order regime’s construction of gender; the role assigned to women by the
state was coincidentally parallel to that encouraged by Islamic thinkers. This gender
ideology dictated that women should be under men’s control. She concluded that, in
43
any case, the jilbab is a complex symbol that cannot be understood outside its
personal, cultural and state contexts (Washburn 2001, p. 137).
Based in Yogyakarta, Dwyer (Dwyer 2001) explored how Muslims were negotiating
modernity in the contemporary world. Dwyer treated the practice of veiling as a
central aspect of modern Indonesian Islam: the jilbab has become imbued with
contested meanings, and it is important to understand how women remake its
significance in their travels through social space. Dwyer (2001) examined gendered
practices of piety and found that Muslim women have become both potent symbols
and active agents of Islamic identity. Dwyer explored how the cultural spaces created
by Muslim women in Yogyakarta exist in dynamic tension with the religious and
political landscape of contemporary Indonesia. She found links between gender,
religion, power and space at a time when boundaries—including those of bodies, the
nation and religious communities—are being debated in the name of ‘modernity’
(modernisasi) and ‘progress’/‘development’ (pembangunan). According to Dwyer,
the body is not a stable signifier that remains fixed in its meaning within the
boundaries of a shared and homogenous culture; bodies move through cultural spaces,
and these spaces invest them with differing and contradictory meanings. In their turn,
Dwyer (Dwyer 2001)notes that these embodied trajectories create political and
religious cartographies that may reshape existing national, ethnic and/or religious
categories and boundaries (Dwyer 2001).
Warburton (Warburton 2006a) confirmed the strengthening of the religious regime in
public institutions after the collapse of the New Order regime. Warburton examined
the patterns of veiling that have been forged by changing social and political
constellations. She believed that the changing meaning of veiling reflects broader
social, cultural and political developments. By focusing on the experience of
university students, she found a complicated interrelation between the socio-political
realm and individual choices through a framework of ‘regimes’, emphasising how
veiling is a multi-faceted social practice that draws upon a range of influences and
motivations. As Brenner and Smith-Hefner found, Warburton argued that
contemporary Muslim women’s choices to wear the veil respond to a complex system
of social pressures and institutional structures that increasingly present the veil as
being central to the cultivation of both a moral self and society.
44
While many scholars have explored the social and political aspects of veiling,
Hamdani (2007) examined the complexity of veiling by focusing on contestation and
consensus trends within the discourse of veiling. He conducted research in both Java
and Sumatra by exploring the dynamic transformation of the complexity of veiling in
a comprehensive way. The acceptance of veiling by many Muslims indicates that this
increasingly pervasive practice is congruent with the intensifying Islamisation process
currently taking place in Indonesia; nonetheless, veiling is continuously contested by
other Indonesian Muslims. The veil has acquired changing meanings among those
who wear it. The recent experience of Indonesia demonstrates that veiling, formerly
found almost exclusively among santri (devout) Muslims, has been transformed into a
popular practice among middle-class Muslims. This has occurred in the context of a
decade-long conflict between Islam and the state. This trend has culminated in the
formalisation of Islamic attire in local government regulations in certain parts of
Indonesia.
Among the aims, this thesis will fill the gap in academic research concerning the
complexity of veiling. This study explored the complexity of veiling in West Java and
South Sulawesi by incorporating both social and political development variables and
expounding the dynamic complex meanings of veiling in relation to the
implementation of Perda Sharia and women’s security.
Conclusion
Sharia has become a significant topic of discussion among scholars of Islam (Minhaji
1999). Scholars have developed various interpretations and perspectives about sharia
(Mayer 1991, 1993; Hallaq 1997; Masud 1996; Naim 1990; Guinn 1999) and there is
no single commonly accepted definition of what is meant by sharia. It includes divine
law from God, revelation of God, Islamic law and Islamic jurisprudence – fiqh
(Marshal 2005; Bustamam-Ahmad 2007; Azizy 2001; I Doi 1992, 2007). The
divergent interpretations of sharia have implications for the application of sharia.
Perda sharia is one example of an interpretation of sharia. Although the term used is
perda (regional regulation) sharia, however its implementation relates more to fiqh
rather than sharia. Fiqh reflects the interpretation and application of sharia as a human
45
product that may change according to time and circumstances, while sharia is
immutable divine revelation (Baderin 2001; Kabah 2005; Hussain 2004; Salim and
Azra 2003).
The studies on the discourse of sharia in Indonesia have been conducted by many
scholars from various perspectives. Most the studies related the issue of sharia to
politics. Some of the foremost
studies were conducted by van Bruinessen 1996;
Boland 1971; Effendy 2003; Assyaukanie 2009; Salim and Azra 2003; Salim 2003;
Hooker 2003; Drakeley 2005; Rumadi 2007.
The studies on sharia and Islam not only focus on politics, but also relate to human
rights and democracy (An-Na’im 1990; Monshipouri 1998; Baderin 2003, 2007;
Mayer 1991; Arzt 1990; Abu-Sahlieh 1990; Chase 2000; Akbarzadeh and MacQueen
2008; Hashemi 2008; Behdad 2008; Irene Oh 2007; Brumberg 2005; Chase 2006;
Hosen 2007; Maududi 1983; Patwari 1991). Women’s rights and women’s security
have been studied by Blackburn 2004; Abdurrahman 2001; Mulia 2001; Munir 2003;
Hassan 1990; Shaheed 1994; Smith and Woodward 2013; Wagener 2006; Mernissi
1991; Abu-Lughod 1986; El Guindi 1999. There will be further discussion of the issues raised in the literature review in the following chapters.
46
Chapter 3: Opening the Door: How Regional Autonomy Has Made
the Implementation of Perda Sharia Possible
The Euphoria of the Reformation era makes the people able to voice their opinion
freely, including the idea to implement Sharia Islam
(Choirul Anam, interviewed 2008).
3.1 Introduction
Choirul Anam is a religious leader in Cianjur who became the head of the Komisi
Pemilihan Umum (KPU: Election Commission) in 2008. During the interview, he
showed me proudly the picture of him with his two wives. His practice of polygamy
has been known publicly and he was considered as a good model of polygamous
marriage as his first and second wives live together harmoniously. He was recently
elected as chairman of the Nahdlatul Ulama Cianjur Branch. His opinion regarding
the reformation era reflects the opinion of many of my informants. His opinions on
perda sharia also reflect the opinions of many male informants, who are mainly
concerned about how women should behave and become the symbol of good morals.
As a religious leader, his opinion and practice has become a model for others. This
shows how the male-dominated practices are held and believed in, thus patriarchal
values has been reproduced and reinforced.
Although Indonesia has the world’s largest Muslim population (Porter 2002), it has
never been led by someone who has supported the establishment of a state with an
Islamic constitution. Since Indonesian Independence, all efforts to establish an
Islamic state in Indonesia have failed. However, after the fall of Suharto in 1998,
particularly after the Habibie government passed two laws on regional autonomy,
many districts implemented Sharia-influenced regional regulations (Perda Sharia). By
definition, Sharia-influenced regional regulations (Perda Sharia) are regulations that
are created by district governments and use Islamic moral teachings as a reference
point. In general, Perda Sharia seeks to manage three aspects of public life: to
eradicate moral and social problems such as prostitution, drinking alcohol and
47
gambling;29 to enforce ritual observances among Muslims such as reading the Qur’an,
attending Friday prayers and fasting during Ramadan; and to govern the way people
dress in the public sphere, especially in relation to head-veiling for women (Bush
2008b; Candraningrum 2006; Salim, Arskal & Azra 2003b).
This chapter addresses the following questions: What has made Perda Sharia
possible? What is the relationship between Perda Sharia and regional autonomy? To
what extent have regional autonomy laws made Perda Sharia possible? To answer
these questions, the chapter begins by exploring the history of the issue of Sharia and
how the issue has been debated in Indonesian politics. This explanation is followed by
a discussion on the Soekarno and Suharto policies towards Islam, continuing with a
discussion on the dual policies of Suharto towards Islam. The third section will
discuss the reformation era, which started after the resignation of Suharto in 1998. It
also explains the political changes as an effect of the resignation of Suharto, who was
succeeded by Habibie as President. Then there will be a discussion on the relationship
between regional autonomy and Perda Sharia, and how the regional autonomy law
makes the implementation of Perda Sharia possible. The debate on the
implementation of Perda Sharia will be discussed in the last section.
3.2 History of the Sacred Word of Sharia in Indonesian Politics
The issue of Sharia has become a sensitive issue in Indonesia, and the struggle to
implement Sharia Islam has involved long and bitter debates, particularly because its
aim is to establish a formal basis for state power. In the months before the
proclamation of Indonesian Independence, Muslim leaders who became members of
the Preparatory Committee for Indonesian Independence (Badan Penyelidik untuk
Persiapan Kemerdekaan Indonesia: BPUPKI) had to struggle to introduce, in the
preamble of the 1945 Constitution, a phrase that would obligate all Indonesian
Muslims to perform their religious duties (Boland 1982). The preamble, later known
as the Jakarta Charter, which includes the words ‘dengan kewajiban melaksankan
Sharia Islam bagi pemeluknya’ (with the obligation to carry out Sharia for its
adherents), would provide a constitutional basis for the enforcement of Sharia in
29
Laws against prostitution, gambling and consumption of alcohol operate in many legal systems and are not
particular to Islam. However, the implementation of these Perda is different because the regulations are made
based on religious motivation and using religious justification to express the religiosity.
48
Indonesia. However, the inclusion of these seven words into the constitution was
unsuccessful, mainly because it was strongly opposed by the minority non-Muslim
politicians and the secular nationalists, who were mostly Muslims (Boland 1982;
Halim 2005; Salim, Arskal & Azra 2003b).
Apart from the formal effort through political institutions such as MPR, another
campaign to implement Sharia Islam was conducted through rebellions. In 1948, the
leader of Darul Islam movement, S. M. Kartosuwiryo, declared an independent
Islamic state in West Java, in which Islamic law would be strictly implemented. By
the early 1950s, militant Muslims in other provinces, including Aceh, South Sulawesi
and South Kalimantan, had joined the Darul Islam. However, these struggles never
succeeded in achieving their goal (Asi 2007a).
In 1959, the debates on the implementation of Sharia were renewed in the Constituent
Assembly during the debates about a new Constitution. Again, during the debates,
Muslim political leaders demanded that the Sharia principles be clearly stipulated in
the new constitution. The idea was again strongly rejected by the secular nationalists,
most of whom were Muslim and non-Muslim nationalists. When the debate became
irreconcilable, President Soekarno issued a decree on 5 July 1959, which declared that
the Constituent Assembly (Majelis Konstituante) was dissolved, and he restored the
1945 Constitution. He argued that the Jakarta Charter was not necessary because of
the way it had inspired the 1945 Constitution. However, the debate was unresolved.
From 1959 onwards, the Jakarta Charter remained a divisive issue betweensecular
nationalists and Islamic groups within Indonesian society (Boland 1982; Hooker, MB
2003; Mujani, S. 2007; Ricklefs 2008, pp. 301-3).
The debate on the Jakarta Charter persisted in the early years of the New Order
government, particularly when the Islamic parties again demanded that the
government insert the Jakarta Charter as an integral part of the preamble to the 1945
Constitution. Nevertheless, this endeavour failed because the army, which also
functioned as a strong political base for President Suharto during the New Order
government, could not tolerate such an issue being discussed in the MPR session of
1966–1967 (Boland 1982).
49
The New Order regime of President Suharto remained in power until 1998 and,
during his administration, the Sharia issue had no chance to be raised in any session
of the parliament, which was dominated by the military, the ruling party, Golkar and
government officials. However, although the Jakarta Charter was not accepted by the
Suharto government as part of the 1945 Constitution, a number of laws with a Sharia
influence were enacted, such as the marriage law, waqaf (charitable foundation)
regulation, the religious court law, the law that allows the operation of Islamic banks
and the codification of Islamic law that includes the rules of inheritances. Further,
President Habibie added two laws that covered the administration of hajj and zakat.
However, all elements of Islamic law that have been integrated into national law are
mainly the result of political interaction between the Indonesian Government and the
Islamic communities, particularly the Muslim elite (Salim, Arskal & Azra 2003b). All
of these laws that accommodate some elements of Islamic Sharia have been enacted
without any reference to the Jakarta Charter.
3.3 Contrasting Soekarno and Suharto’s Policies towards Islam
Political Islam has experienced many disadvantages during Suharto’s government and
when Soekarno was President. Soekarno promoted nationalism as a dominant political
philosophy, and political Islam was subjected to various countervailing forces. Pringle
(2010, pp. 68-9) noted that six key episodes of the Soekarno era shaped political
Islam: the dispute over the Jakarta Charter in 1945; the communist-led Madiun affair
in 1948; the Darul Islam uprisings from 1948 to 1962; the outer Island Rebellions
from 1957 to 1962; the attempted coup and communal killings of PKI in 1965–1966;
and the 1955 election, which was the first democratic polling in Indonesia’s history
and remains an important indicator of political Islam’s strength in the early days of
the Republic. In addition, in 1960, Soekarno banned Partai Sosialis Indonesia (PSI:
Indonesian Socialist Party) and the Reformist Islam Party, Majelis Syuro Muslimin
Indonesia (Masyumi: Indonesian Muslim Consultative Council),30 as a consequence
of their resistance to guided democracy and for complicity in the Outer Island
Rebellions (Pringle 2010, p. 89). NU and Masyumi were more successful in the 1955
elections than Islamic parties have been in post-Suharto elections.
30
Masyumi is an Islamic umbrella organisation created under Japanese auspices in 1943. It became a political
party after Indonesian Independence.
50
Sukarno’s abolition of parliamentary democracy and its replacement by his
authoritarian Guided Democracy abolished a political system that was supportive of
Islamic political aspirations. Sukarno’s policies towards political Islam had much in
common with Suharto’s in that the objective of both was to contain the influence of
political Islam. In addition, Sukarno promoted national unity through Nasakom, an
acronym for the three major ideological streams in Indonesian politics: Nasionalisme
(nationalism), Agama (religious) and Komunis (communism)—an effort to blend
nationalism, communism and religion (including Islam) into the national ideology
(Pringle 2010, pp. 68-9). Soekarno’s ideology of Nasakom apparently meant that PNI
for nationalism, NU for religion and PKI for communism should share a role in
government at all levels, thus producing a system that would rest upon a coalition of
predominantly Java-based political forces. The important aspect of Nasakom from the
perspective of political Islam was that Islam, through Agama, was accommodated in
this ideological formulation, but not given a special place.
Suharto realised the Sukarno’s failure due to his focus on ideology and political
affairs, which resulted in a neverending tension between religious groups and the
state; thus, Suharto decided to focus on the strategy of development and
modernisation (Hasan, Noorhaidi 2008, p. 25). In the early days of Suharto’s
presidency, he considered the communist party the main threat, followed by political
Islam, especially the reformists (Pringle 2010, p. 85). However, Suharto adopted
Snouck Hurgronje’s31 ideas regarding Islam and the state, on the one hand, showing
respect for Islam as private religious practice, but, on the other, determined that Islam
should not become a powerful political force (Ricklefs 2008, p. 322). Suharto
implemented ‘dual policies’ towards Islam: political Islam was marginalised and
repressed, while what the government thought were religious, educational and cultural
and activities were supported.
32
Consequently, religious expressions were
marginalised in the political process, despite the considerable role that was played by
Muslims in bringing the New Order into existence. Towards the end of his rule, in
order to maintain power, Suharto began to court radical reformist proponents of
Islamic fundamentalism in order to divide and defeat a growing pro-democracy
31
Snouck’s idea about Islam was that ‘Islam as a religious doctrine should be free of interference, yet, as a
political force it should be destroyed’ (Ricklef 2008, p. 203).
32
However, the support towards education, culture and religious from Suharto’s government has brought about
significant religious change in the form of the emergence of a much stronger and better-educated Muslim elite.
51
movement, which included new politically liberal Muslim elements (Pringle 2010, p.
85).
For more than 30 years (1966–1998), the Suharto government ruled Indonesia
through centralism and authoritarianism. As a result, there were many restrictions,
including those placed on participation by local governments or citizens in public
agendas, decision making or in the evaluation and implementation of government
policies (Erawan 2007, p. 65). The government tightly controlled the society, ensuring
that all decisions were made by, and served the interest of, the central government.
During the Suharto government, regional aspirations were largely unexpressed and
discouraged. Democratic institutions and practices were absent, while civil society
was virtually non-existent (Turner et al. 2003b, p. 11).
3.4 Duality in Suharto’s Policies towards Islam
Early in Suharto’s rule, under the influence of two main advisers, Ali Murtopo and
Sujono Humardani, Suharto resisted any revitalisation of political Islam and
controlled political Islam. For instance, Masyumi, which was placed second in the
1955 general election, then banned by Soekarno in 1960, was not permitted to reestablish itself. Instead, a new party, Parmusi, without the leadership of former
Masyumi leaders, was established to accommodate Muslim modernists. As a result of
the intervention of the Suharto government in the internal affairs of the party, the new
party failed to attract votes in the general election of 1971. Other Islamic parties also
failed to counter the emergence of Suharto’s Golkar party, which obtained 62.8 per
cent of the total votes (Bruinessen 1996a; Hasan, Noorhaidi 2008, p. 25).
After Golkar’s victory in the general election of 1971, Suharto intensified
marginalisation towards political Islam by applying a policy of ‘fusion of the party’.
This policy requires all Islamic parties to coalesce into one, the Partai Persatuan
Pembangunan (PPP: United Development Party), whereas nationalist and Christian
parties were incorporated into the Partai Demokrasi Indonesia (PDI: Indonesian
Democratic Party). To support his policy, Suharto popularised development jargon
and imposed Pancasila as the state’s governing doctrine (Ricklefs 2008, p. 355). Any
aspirations to challenging Pancasila can be labelled either ‘extreme left’ or ‘extreme
right’, and anti-subversive laws inherited from Sukarno were used by the state to
52
justify the method (Hasan, Noorhaidi 2008, p. 25). Through an indoctrination
program called ‘Pedoman, Penghayatan dan Pengamalan Pancasiala’ (P4: Guide to
the Understanding and Practice of Pancasila) and other instruments, Pancasila was
systematically embedded in the minds of citizens in Indonesia (Hasan, Noorhaidi
2008, p. 26).
Moreover, the New Order tried to domesticate the social forces of Ulama (Islamic
scholars) by proposing the establishment of a semi-governmental body called Majelis
Ulama Indonesia (MUI: Indonesian Ulama Council) in order to strengthen its
hegemony over society and to extend its power and control. This council was given
the authority to issue religious legal opinions (fatwa) and advice on religion
(tausiyah). This idea was made public during a national conference of Muslim
preachers in 1970 held by Pusat Dakwah Islam Indonesia (Indonesian Islamic
Propagation Centre), an institution established by the Ministry of Religious Affairs.
However, MUI was not established immediately, partly because of criticism from
some participants, particularly Hamka,33 a leading modernist scholar. Hamka thought
that the council of Ulama intended to mobilise the support of one Islamic party that
dominated the Department of Religious Affairs in order to maintain its power34
(Hamka in Hosen 2004, pp. 149-50). Thus, the council would only issue fatwas from
the party that would only satisfy people from that party, but not all Muslims (Hosen
2004). In 1974, the Pusat Dakwah Islam once again held a conference for Islamic
preachers, which concluded that it was necessary to establish a council of Ulama,
which was strongly supported by President Suharto. Suharto insisted on the need for a
national body of Ulama that could serve as, among other functions, a mediator
between the government, the Ulama and the broader community. The government
hoped that the MUI would explain and endorse its development policies (Ichwan
2005).
However, in 1973, Professor Mukti Ali, who had a close relationship with modernist
Muslims and the Muhammadiyah to which Hamka belonged, was appointed as a
33
Hamka is an initial of Haji Abdul Malik Karim Amrullah. He was awarded an honorary doctorate by al-Azhar
University, Cairo in 1959, and and given a title Professor from the University of Dr Moestopo, Jakarta in 1966
(Hosen 2004)
34
In 1970, the Minister for Religious Affairs was KH Mohammad Dahlan, of the Nahdlatul Ulama Party, whereas
Hamka was from Muhammadiyah. Further discussion on MUI see Hosen, (2004) 'Behind the Scenes: Fatwas of
Majelis Ulama Indonesia (1975-1998)', Journal of Islamic Studies, vol. 15, no. 2, pp. 147–79.
53
minister of religious affairs (Hosen 2004; Kementrian Agama Republik Indonesia
2011). Therefore, in 1975, Hamka supported the establishment of the MUI (Hosen
2004). Finally, the MUI was officially established during a national conference of
Ulama that was held on 21–27 July 1975. The first General Chairman of the MUI
(1975–1981) was Professor Hamka, who had earlier rejected the idea of such a
council (Hosen 2004, p. 150).
The MUI was also expected to be representative of Muslims in inter-religious
dialogue, a project launched by Mukti Ali to build what was often referred to as the
‘harmony of religious life’, namely peaceful coexistence of religious groups
(Mujiburrahman 2006). The nature of the MUI as a creation of the government was
immediately visible. It was involved in polemics and issued a number of
(controversial) fatwas legitimising government policies (Mudzhar 1993).
Further, Suharto’s efforts to obstruct access to power by the Islamic political forces
triggered armed resistance in the name of Islam. The rebellion, including by groups
called Komando Jihad (Jihad Commando), led by Ismail Pranoto, carried out bomb
attacks in Java and Sumatra; another, led by Abdul Qadir Djaelani and calling itself
‘Pola Perjuangan Revolusioner Islam’ (Islamic Revolutionary Struggle Model),
stormed the building of Majelis Permusyawaratan Rakyat (MPR: People’s
Consultative Assembly) during the general assembly in March 1978. No less
important is a series of murders and robberies committed by a group of radicals led by
M. Warman, known as ‘Terror Warman’. Another group, led by Imran M. Zein,
attacked a number of government facilities, which culminated in the hijacking of a
Garuda Indonesia plane on March 28, 1981. The veterans of the West Java-based
Darul Islam, which initially had been hired by Murtopo’s intelligence service to
combat communism, led other attacks to revolt against Suharto and establish an
Islamic state (Santosa 1996; van Bruinessen 1996, 2002). However, Suharto remained
unaffected and was able to suppress and marginalise them.
After the Tanjung Priok incident on 12 September 1984, in which at least 20 people
were killed and more than 50 demonstrators were injured, Suharto announced a Bill
on the Mass Organizations and Political parties, which required all political parties
and mass organisations to accept Pancasila as ‘asas tunggal’ (the sole ideological
54
basis of the state) (Ismail 1995). Thus, Islam was prohibited from being used as the
ideology for any organisations. In reaction to this policy, NU, Indonesia’s largest
organisation of traditionalist Muslims, quickly declared its acceptance of Pancasila,
but Muhammadiyah, a modernist-Muslim organisation, took some time to accept the
inevitable. (Ismail 1995).
3.4.1 Suharto’s Accommodation of Islam
In the late 1980s, Suharto began to introduce policies to accommodate Islam, focusing
mainly on promoting Islamic symbols in public discourse. For example, the
Directorate General of Primary and Secondary Education issued a new regulation on
student uniforms and lifted the ban on female students wearing the hijab (headscarf)
in schools. Suharto and his family went to Mecca to perform the hajj in 1991. Upon
his return from Mecca, Mbak Tutut, Suharto’s eldest daughter and a popular figure,
began to show her piety in public by wearing a colourful, elegant veil. The model she
presented and the way she wore her headscarf gave a prime example to the entire
nation. Afterwards, members of the cabinet and senior officials no longer hesitated to
use the Islamic greeting, Assalamu’alaikum, to open a speech, and the greeting has
become increasingly popular. They also tried to show their concern with Islamic
affairs as an example, participating in religious festivals and celebrations. In this
context, Islam was systematically accommodated in the discourse of the state to offset
the increasing number of challenges to the legitimacy of Suharto’s political leadership
(Hasan, Noorhaidi 2008).
Therefore, a number of organisations, institutions and activities that identified with
Islam and utilised Islamic symbols began to appear, including the Ikatan
Cendekiawan Muslim Indonesia (ICMI: Indonesian Muslim Intellectual Association),
led by Habibie and established under the patronage of Suharto (Bruinessen 1996b;
Hefner 1993). The ruling party, Golkar, started to be more accommodating of Islam
and involved more Muslim intellectuals. In addition, thousands of mosques were built
under the sponsorship of the state. Further, the Religious Court Bill was introduced,
followed by a Presidential Decree on the Compilation of Islamic Law. 35 In the
35
The Islamic court bill No. 1/1989 guarantees the equal position of the Islamic court vis à vis other court systems,
including the public, military and administrative courts. The presidential decree on the compilation of Islamic law
No. 1/1991 was issued to provide a unified reference for judges in the Islamic courts in dealing with the cases
brought before them.
55
economic aspect, the Bank Muamalat Indonesia, which uses the slogan: ‘pertama
sesuai Sharia’ (the first [bank in Indonesia] in accordance with the Sharia), was
established, and its establishment initiated the burgeoning of Islamic Sharia banks and
insurance companies (Möller 2005). However, Suharto’s accommodation of political
Islam with the Ikatan Cendekiawan Muslim Indonesia (ICMI: Indonesian Muslim
Intellectual Association) supported Islamic religion, culture and education, but did not
support a greater political role. In this respect, Suharto had not departed from Dutch
colonial policies. These policies were undoubtedly part of Suharto’s political strategy
to hold onto power (Liddle 1996). Apart from the changes in Suharto’s attitudes and
policies towards political Islam from the late 1980s, there was also a change in
Islamic beliefs and practices. Islamic revivalism reflected the influence of the Iranian
revolution, Saudi money and the emergence of the better-educated Muslim elite.
Broader changes in society were occurring despite, and because of, government
policies.
3.5 Reformasi and Changes in Indonesian Politics
The resignation of Suharto on 21 May 1998 provided an opportunity to change the
political system and government. Many of those who demonstrated for Suharto’s
resignation demanded that the Constitution be amended. The amendments sought
included the recognition of the Jakarta Charter. In addition, demands for democracy,
characterised by free elections and freedom of the press, as well as a nation-wide call
for ‘reformasi’,36 were unavoidable. This also provided an opportunity for the
regional governments, especially regions rich in natural resources, to demand that the
central government decentralise its authority and functions.
According to Aspinall and Fealy (2003), Habibie wanted to dissociate himself from
the Suharto regime, although Habibie was Suharto’s longest-serving minister and last
Vice President. His government made some significant changes, such as revoking
laws on restricting the numbers and activities of political parties, holding a relatively
free parliamentary election in 1999 and enacting regional autonomy laws.
36
The fall of Suharto was popularly referred to as the ‘era reformasi’ (reformation era).
56
The decentralisation of governmental authority was one of the most important reform
programs in Indonesia (Erawan 2007, p. 55). The decentralisation policy in Indonesia
was based on the Regional Autonomy Law No. 22, concerning Regional Government,
and Law No. 25, concerning the Financial Balance between the Central and Regional
Government (Turner et al. 2003b, pp. 15-6). Both of these laws were based on five
principles: democracy; community participation and empowerment; equity and
justice; recognition of the potential and diversity within regions; and the need to
strengthen local legislatures. These five principles were in line with the spirit of
reformasi (Turner et al. 2003b, p. 23; Usman 2002) to ensure that regional autonomy
in Indonesia is in line with the principle of democratisation, such that people in subnational territories (provinces, districts and municipalities) are given significant
decision-making powers. This requires the devolution of authority from central
government to sub-national political institutions that are accountable, responsive and
representative of their local communities.
The significant feature of these laws is that there is no clear hierarchy between district
(kabupaten) and municipality (kota) governments and provincial governments. The
regional government was made responsible to the DPRD rather than the authority of
the central government in Jakarta. However, although the authority of the regional
government became significantly stronger after the implementation of Regional
Autonomy Laws, the central government still exercised considerable influence over
regional governments in areas such as health and education. Nevertheless, the
function and authority of the DPRD have become considerably more important
(Turner et al. 2003a, pp. 24-64).
3.6 Regional Autonomy and Perda Sharia
The resignation of Suharto was followed by euphoria for democracy and political
liberation, especially among many Muslim groups. As Liddle (1996) predicted, there
were more demands for a more formalistic Islam (by the scripturalists) due to the
open political climate, since ‘they would have many more political resources, in mass
acceptance of their ideas, organization, allies, media and access to politicians’ (Liddle
1996 p. 13). First, this was reflected in the establishment of many Islamic political
parties that mostly replaced Pancasila with Islam as the ideology of the organisation.
57
Second, there was a growing demand from many regions to formally implement
Sharia. Third, there was an emergence of Muslim groups considered by many as
Radical groups, such as the Laskar Jihad37 (Holy War Fighters), the Front Pembela
Islam (FPI: Islamic Defenders Front), Hizbu Tahrir Indonesia (HTI: Indonesian
Liberation Party), Laskar Jundullah and Majelis Mujahidin Indonesia (MMI:
Indonesian Mujahidin [the Jihad Fighter] Council). Finally, Sabili, an Islamic
(radical) magazine, became very popular. According to a survey conducted by AC
Nielsen, Sabili had the second-largest circulation for a magazine (Salim, Arskal &
Azra 2003c). This weekly magazine was published underground during the Suharto
era and used to be a dakwah (call for Islam) newsletter, but it now appears to promote
political Islam, typically from the radicals’ point of view. Some of their opinions were
advocating support for the formal application of Sharia in Indonesia (Salim, Arskal &
Azra 2003a, pp. 1-2).
Many scholars, such as Fealy (2005), Riddell (2005), and Salim and Azra (2003c),
argued that the fall of Suharto in May 1998 created a greater opportunity and freedom
for Muslim groups to incorporate more Sharia Islam elements into Indonesian
legislation. There were greater demands for the implementation of Sharia in several
regions in Indonesia, especially when Habibie’s government passed two laws to
introduce regional autonomy. However, the formal application of Sharia-influenced
regulations in Indonesia was only possible because of several factors.
First, the Majelis Permusyawaratan Rakyat (MPR: People Consultative Assembly)
amended several Articles of the Constitution in August 2000, including Article 18,
which provided a constitutional basis for the regional autonomy laws through which
districts and municipalities were given the authority to manage their own affairs (Ellis
2007, pp. 22-33). However, the Constitution outlines that regional autonomy must be
implemented within the framework of Indonesia as a unitary state that recognises
ethnic, cultural and religious diversity. Based on Regional Autonomy Law No.
22/1999 and Law No. 25/1999,38 the central government must concede authority to
the regional government in all fields excluding foreign policy, defence and security,
37
Laskar Jihad is paramilitary force that was formed in 2000 by Ja’far Umar Thalib and disbanded in 2002.
However, these two regional autonomy laws, effectively implemented in 2001 and later in 2004, were revised
with Law No. 32/2004 regarding Local Government. However, there were many similarities between Laws 1999
and 2004.
38
58
monetary and fiscal policy, the legal system or judicature, and religious affairs. In
addition, the central government also maintains control of its specific functions such
as national planning, setting and the supervision of technical standards. Therefore, the
regional governments, whose power had previously been strictly limited, must now
take full responsibility for many important areas such as education, health, the
environment, labour, public work and natural resource management (Aspinall &
Fealy 2003; Turner et al. 2003a, pp. 24-5).
Second, the central government granted special autonomy to Aceh. Although it is
clearly stipulated in the Regional Autonomy Law that regional governments do not
have authority on religious affairs, numerous regions insisted on implementing
Sharia-influenced regional regulations. The situation became more complicated with
the Special Autonomy Law for Nanggroe Aceh Darussalam (Law No. 18/2001),
which gave jurisdiction to the province to implement Sharia law39 (Halim 2005).
Many other provinces and districts, including South Sulawesi, two districts in West
Java (Cianjur and Tasikmalaya), Banten, West Sumatra and South Kalimantan, sought
powers similar to those granted to Aceh so that Sharia Islam could be implemented.
However, without the broader powers granted to Aceh, many districts issued regional
regulations (Perda), decrees (keputusan), instructions (instruksi) and circulars (surat
edaran) that reflected Islamic values, teachings and injunctions. These regulations
were concerned with three aspects: public order and social problems such as
prostitution, consumption of alcohol and gambling; religious skills and obligations
such as reading the Qur’an, attending Friday prayers and paying zakat;40 and religious
symbolism, including Muslim dress (Salim, A. 2007).
39
The special autonomy for Aceh was a precedent for other provinces to demand more extensive autonomy
provided to Aceh (and Papua) under special autonomy. However, the Special Autonomy Law was a ‘negotiated
solution’ to end the armed separatist conflict (Miller 2006, pp. 292-7). According to Miller, the Special Autonomy
Law fails to take into account what Acehnese people really need, as it is only a shift of authority from the Minister
of Home Affairs to the governor, but not of the power itself (Miller 2008).
40
Zakat, one of Islam’s Five Pillars, is a practice of giving a set amount of one’s financial assets to those in need
(Antara News 2007). There are two types of zakat: zakat fitr or fitrah (zakat on self), and zakat mal (zakat on
wealth). Zakat fitr is compulsory for each Muslim and is paid during the month of Ramadan by the head of a
family for himself and his dependents to the poor and needy. Per head, the payment is equivalent to 2.5 kg of main
food such as date, rice and wheat. While zakat mal is obligatory for every Muslim who has an amount of
wealth/money, called ‘nisab’, in excess of his or her basic needs that have stayed in his or her possession for one
year, nisab is either the equivalent of the price of 85 grams of pure gold, or the equivalent of the price of 595
grams of pure silver.
59
The South Sulawesi province probably had the most determined groups that desired to
implement Sharia Islam. Abdul Azis Kahar Muzakkar, the leader of KPPSI, who was
also the son of the leader of the Darul Islam rebellion in South Sulawesi, argued that
the special autonomy granted to Aceh, including the implementation of Sharia, paved
the way for other Indonesian provinces to demand the same status (Muzakkar 2010).
Third, there was a failure at the national level to implement Sharia Islam. For
instance, the two Islamic parties: Partai Persatuan Pembangunan (PPP: United
Development Party) and Partai Bulan Bintang (PBB: Crescent Star Party)
campaigned for the inclusion of the Jakarta Charter in Article 29 clause 1 of the 1945
Constitution, which stipulates the theological foundation of the nation. By including
the Jakarta Charter, they hoped that it would officially provide Sharia with the
constitutional status within the Indonesian national legal system. This proposal was
not adopted in three consecutive annual sessions of MPR in 2000, 2001 and 2002,
despite the strong demands by formalist Islamic Parties such as PPP, PBB and PKS,
formalist Islamic groups such as HTI, Majelis Mujahidin Indonesia and Kesatuan
Aksi Mahasiswa Muslim Indonesia (KAMMI). However, the amendment was
opposed by substantive Islamic parties such as the PKB, PAN and secular parties such
as Golkar and PDI-P, as well as Christian parties and many NGOs. Subsequently, the
formalist Islamic parties and some other Islamic groups continued to campaign for
Sharia in provinces, districts and municipalities through regulations inspired by
Islamic Sharia (Halim 2005; Salim, Arskal & Azra 2003c).
Thus, regional autonomy opened opportunities for the implementation of Shariainfluenced regulations after many failures to implement Sharia law since 1945 at the
national level. A number of factors help explain this change; for example, the
foundations of Perda Sharia are different from the idea of implementing Sharia at the
national level. Supporters could use different reasons to implement Perda Sharia,
such as appealing to local cultural values and the need to maintain social order and
security, whereas the objective of the implementation of Sharia at the national level
was to obtain formal status for Sharia as part of the national constitution, which many
considered a threat to Indonesian unity. Apart from that, the regions that implement
Perda Sharia are regions with majority Muslim populations, so they have the
‘legitimacy’ to implement Islamic-influenced regulations for reasons relating to local
60
aspirations and democratic support. At the national level, Sharia could be considered
discrimination against the non-Muslim population. Although Muslims are the
majority population in Indonesia, non-Muslim communities are often located in
particular regions and islands, where they form substantial minorities or majorities.
Implementing Sharia in these regions might be a trigger for disintegration. In
addition, at the national level, any legislation needs the support of majorities in both
houses of parliament, where many members are not Muslim. However, at the regional
level, reflecting the local demography, Muslim members can dominate the DPRDs.
3.7 Pros and Cons of Perda Sharia
During the process of the implementation of Perda Sharia, there was intense debate
among the proponents and the opposition groups. This research found that there are at
least three arguments from the proponents of implementing Perda Sharia. First, the
majority population of Indonesia is Muslim, and the pre-colonial Muslim Kingdoms
in Indonesia implemented Sharia law;41 thus, they argued that it was legitimate to
implement Perda Sharia, as it is claimed that they represented the opinion of the
majority population (Nunding Ram, interview 3 June 2008). Second, Perda Sharia
will not create problems due to the fact that its regulations are drafted openly and
enacted by a democratically elected provincial or district legislature. Third, under
Regional Autonomy Law, it is legitimate for a provincial and local government to
implement regulations that try to resolve social problems and maintain public order.
Thus, Indonesia’s legal–political system indirectly allows the implementation of
Perda Sharia, as its implementation in many districts in Indonesia was intentionally
designed to avoid conflict with national laws. The provision in article 7 of Law No.
22/199942 stipulated that religious affairs do not come under the authority of the
district governments, but rather under the central government. To resolve this, the
regulations emphasised methods and measures to establish public order within the
society, rather than appealing to Islamic Sharia itself. District governments avoided
using the term Sharia as the name of a regulation; instead, they framed the regulations
in terms of upholding ‘morality and order’ (Satriyo 2003). This means that the
41
However, Salim and Azra (2003a) argued that the extent to which Sharia was implemented in these kingdoms
was dependent largely on the piety of their individual rulers.
42
Law No. 22/1999 was revised with Law No. 32/2004 regarding Local Government. However, the laws have
much in common. The provision of Article 7 of Law No. 22/1999 stipulated that religious matters do not come
under the authority of the district governments. Article 10 of Law No. 32/2004 also stated that religious matters are
still under the authority of the central government.
61
regulations, when framed in this manner, are more difficult for the central government
to annul. Indeed, none of the Perda Sharia has been annulled.
In contrast, the opponents opposed the implementation of Perda Sharia for three
reasons. First, it clashes with the constitutional guarantee of religious freedom for all
citizens to practise their religion according to their own beliefs. Second, it clashed
with the national law. Although the supporters argued that Perda Sharia does not
regulate religious affairs, but rather morality and public order, the motivation and
justification of the regulations were religious. The third reason related to the content
of the regulations, many of which were already in the penal code, such as regulations
on gambling, prostitution and alcohol consumption. Thus, additional regulations
would be unnecessary. Fourth, although the regulations were introduced by
democratically elected legislatures, they were not acceptable because the regulations
violate minority rights by discriminating against non-Muslim citizens (Kamil &
Bamualim 2007b).
Further, this research found that the Perda Sharia legislation was not enacted
democratically. Although it followed the formal procedures, such as in meetings and
hearings, not all of the meetings and hearings involved broader groups in the
community. Rather, they only invited supportive groups and excluded groups that
opposed the proposed regulations (interview with Susan, female activist in Cianjur,
and Yudi, LBH activist in Cianjur, 1998). In addition, the objections of the opposing
groups and political parties were not considered. For instance, in Cianjur, the PDI-P
walked out of the meeting, as their objections were not considered. Later, the party
sent a letter of objection to the Minister of Home Affairs; however, this did not result
in any action. Iwan, the PDI-P member who was also actively involved in the process
of legalising Perda Sharia in Cianjur, related that his party tried to lobby the
provincial DPRD and DPR in Jakarta, as well as the Ministry of Home Affairs,
arguing that the proposed Perda Sharia was in conflict with the Constitution.
However, according to Iwan, the minister did not respond to their objection because
the minister did not have a vision and was not loyal to Negara Kesatuan Republik
Indonesia (NKRI: the Indonesian state) and UUD 45. In addition, there was strong
pressure from the proponents for not annulling such regulations (Iwan, interview 28
February 2008)
62
However, the debate about the implementation of Perda Sharia is not only among the
Islamic groups, NGOs and Islamic organisations, but also among the members of
parliament (DPR). On 13 June 2006, 56 members of DPR signed a petition, which
was initiated by Partai Damai Sejahtera43 (PDS: Prosperous Peace Party) and the
Partai Demokrasi Indonesia Perjuangan (PDI-P: Indonesian Democratic Party).
According to Constan Ponggawa (Suara Pembaruan 2006), the member of DPR from
the PDS, the objective of the petition was to ensure that the regulations were in
accordance with the principle of good governance in terms of the decision-making
process, that they did not contravene Law No. 10/2004 on the Formulation of
Legislation (UU No. 10 Tahun 2004 tentang pembentukan peraturan perundangundangan) and Law No. 32/2004 on Regional Autonomy, and to demand that the
Minister of Home Affairs evaluate whether the regulations were in accordance with
the Constitution. If they were not, the minister was to revoke the regulations.
A day after the petition by 56 DPR members, several members of DPR opposed the
petition by proposing a ‘Contra Memorandum’. The memorandum was initiated by
Patrialis Akbar from Partai Amanat National (PAN: National Mandatory Party),
Lukman Hakim Saefuddin from Partai Persatuan Pembangunan (PPP: Development
Unity Party) and Mutammimul Ula from Partai Keadilan Sejahtera (PKS: Prosperous
Justice Party) (Suara Pembaruan 2006). The aim of this memorandum was to support
the implementation of Perda Sharia and the regulation on Anti Maksiat (anti-immoral
acts). It was claimed that the memorandum was signed by 134 members of DPR
(Alim 2010). Some parliament members who previously signed the petition withdrew
their support, including some members from Golkar, due to some ‘pressure’ among
other Muslim parliamentary members by labelling the supporters of the petition as
supporters of pornography and not devout Muslims (Suara Pembaruan 2006).
It seems that there is a paradox in political Islam in Indonesia where, despite the
strong demand to implement Sharia, any endeavours to implement it at the national
level have always failed due to strong objections from opposing groups, which
included many Muslims. However, the opponents have never succeeded with a
43
PDS is a Christian-democratic political party in Indonesia. It portrays itself as the reincarnation of Parkindo, the
Indonesian Christian Party, which contested the 1955 and 1971 elections.
63
judicial review to revoke any Islamic-influenced regulations (Perda Sharia).44 There
are some explanations for this paradox. First, the implementation of Perda Sharia is
still debatable, whether it is categorised as an Islamic regulation or not,45 as there are
many regulations relating to gambling and prostitution that are not considered merely
Islamic due to many other [non-Islamic] countries also regulating these matters. Thus,
the opponents did not have very strong arguments to revoke those regulations.
Second, the process of the implementation of Perda Sharia in many districts was a
strongly contested, drawn-out, energy-sapping process; hence, any efforts to annul or
revoke the regulations would consume more time and energy. Some of the opponents
were prepared to see the regulations formally and symbolically implemented, but not
fully enforced.
Third, many groups and political parties did not have a clearly articulated policy on
the implementation of Perda Sharia. Political leaders often make public statements
that either support or oppose the regulations in order to attract public attention (Bush
2008a, p. 175). Further, some of the largest political parties, such as Golkar and PKB,
as well as the most influential Muslim organisatons, NU and Muhammadiyah, were
opposed to the formalisation of Sharia at the national level. However, at the regional
level, the branches of the NU and Muhammadiyah supported the implementation of
Perda Sharia and to some extent initiated it, as will be further discussed in Chapter 4.
Fourth, the introduction of Perda Sharia at the national level was different from the
regional level. At the regional level, in most cases, the implementation of (Perda)
Sharia was usually one of a number of issues debated during the Pilkada campaign for
Bupati and was used by the candidates to mobilise support. The supporters of Perda
Sharia utilised the pilkada as a political platform to advance the issue at the national
level. Thus, Sharia at the national level was mainly motivated by religious piety,
44
District regulations must be based on Law No. 10/2004 on the Formation of Legislation Law. Based on this law,
the regulation must not conflict with the Indonesian Constitution 1945 (UUD 1945). Based on the Regional
Autonomy Law, religion does not serve as a source of reference. There are at least three ways to revoke the
regulation: through a judicial review of the Mahkamah Agung (however, the judicial review is only effective
within 180 days of the regulation being implemented); the Bupati or Gubernur can revoke or annul the regulation;
a higher authority such as a ministerial regulation or presidential regulation can revoke or annul the regulation
(Ardiansyah, Syafi'i & Anthony 2006).
45
If the regulations are considered Islamic regulation, it will contravene Law No. 32/2004 on Regional Autonomy.
64
while at regional level, there was a more short-term political agenda (McLeod &
MacIntyre 2007, p. 127; Salim, A. 2007).
Fifth, the political dynamics at the national level were different compared with the
regional level. The political constellation in a region might support the
implementation of Perda Sharia; hence, if their parties or groups did not support it,
their organisation would be left behind. Therefore, the political parties and Islamic
groups that oppose Sharia at the national level do not automatically oppose Perda
Sharia at the regional level in order to further their political interests. In addition,
change at the national level involved the constitutional change of the ideology of the
state, whereas on the surface, Perda Sharia sought to regulate specific aspects of local
societies, such as preventing prostitution, gambling and alcohol consumption.
Therefore, many saw that regional autonomy was the only chance to implement Perda
Sharia, as several attempts to implement Sharia at the national level had failed. This is
because, after the implementation of the Regional Autonomy Law, the central
government had less control of the regional government, especially with a growing
number of provinces and districts that made it more difficult for the central
government to supervise and review the development of new regulations that might
clash with higher law. Since then, regional governments have had greater power and
authority to manage and govern their regions. To some extent, the regional
governments manipulate the Regional Autonomy Law for their own political
advantage. In addition, political pressure from Islamic groups and political parties
means that the central government has never revoked the Perda Sharia through
successful judicial review, although there has been lobbying from opponent groups
for this process to be used.
Nevertheless, regional autonomy and the political reforms of the post-Suharto period
have encouraged the emergence of local Islamic groups that have been able to use this
political space to advance the Perda Sharia agenda. These groups have campaigned
for local governments and legislatures (DPRDs) to implement Perda Sharia. For
example, in Cianjur, pro-Sharia organisations have organised raids on cafes and
restaurants in a campaign to combat immorality. Gerakan Reformis Islam (GARIS:
Movement of Islamic Reform) sought to pressure the Cianjur local parliament and the
65
election candidates to support Perda Sharia. Likewise, in Bulukumba, the KPPSI
promoted and fully supported the implementation of Perda Sharia.
In the elections for both local legislatures and heads of local governments (PIKADA),
the implementation of Perda Sharia has been one of the campaign issues that
candidates have used to mobilise support among the predominantly Muslim
populations. According to Ahmad Suaedy (2006), some Perda Sharia were
implemented merely to further the short-term political agendas of the incumbent
governors or heads of districts (Bupati) to improve their chances for re-election. This
research also found that the issue of Sharia was often utilised to enhance the good
image of the government and increase public trust in the government and the
legislature, and that the introduction of Perda Sharia was often an investment by the
Bupati and political parties in achieving success in the next local elections. A
discussion on how the issue of Sharia was used in the campaign can be found in
Chapter 6.
Conclusion
Law No. 22, 1999 of the Regional Autonomy aims to devolve central government
authorities to local governments in all government administrative sectors except for
security and defense, foreign policy, monetary and fiscal matters, justice and religious
affairs (Usman 2002). This law not only gives more authority for the local
government to manage their resources, but it also creates an opportunity for Islamic
groups and proponents of Sharia to propose and implement Sharia, for which they
have struggled since the early days of Indonesian Independence, but have always
failed. Although it is stipulated in the Law that religious affairs are not the authority
of the local government, since the central government passed this law, many districts
have implemented syariah-influenced regional regulations (Perda Sharia). Therefore,
the implementation of Perda Sharia is one of the unintended consequences of the
Regional Autonomy Law, and it is worth noting that the implementation of Perda
Sharia has only been possible since the government passed the Regional Autonomy
Laws.
66
The term ‘Sharia’, which has been used in the regulations, is not accurate to explain
that the districts implement a regulation based on Sharia, because the districts
implement a fiqh, which is a human interpretation (see further discussion on the
difference between Sharia and fiqh in Chapter 2).
Although many districts have been implementing Perda Sharia, none of the regulations have been annulled by the central government. This chapter argues that the issue of Sharia has shifted from demanding the incorporation of Sharia into the national Constitution to proposing the implementation of Sharia in the regions. With the fall of Suharto, democratisation and regional autonomy, the issue of Sharia has changed from being a national political issue to a matter of regional regulation. However, the Sharia-influenced regional regulations have
become so extensive that Perda Sharia has become a national phenomenon. This is happening due to the wide support of the proponents of sharia, both the pragmatists and idealists. The discussion of the proponents of sharia will be further developed in chapter 4.
67
Chapter 4: The Dynamics of Perda Sharia
4.1 Introduction
The issue of Sharia has been widely discussed in Indonesian politics since
independence in 1945. In the early years of independence, the Sharia discourse was
mainly about how to incorporate Sharia into the state constitution. This idea was
supported by most of the Muslim elite and Muslim communities. Since the
implementation of the Regional Autonomy Laws, which had the unintended
consequence of facilitating the enactment of Perda Sharia in many districts, the
dynamics of the Sharia discourse has changed with more debate within the Muslim
elite and communities.
This chapter will discuss the dynamics of Perda Sharia by investigating and
identifying the supporters of Perda Sharia, including their background, ideological
basis, organisational networks, motivations and the politics of the nomenclature of
Perda Sharia.
4.2 Identifying the Supporters of Perda Sharia
This section will divide the supporters of Sharia into two groups: idealists and
pragmatists. Idealists are people who have a genuine idea of Sharia and are eager to
implement Sharia and Islamic principles. They are motivated by religious
commitment and conviction that it is their obligation as Muslims to implement Sharia.
However, their agenda is a longer-term goal: to implement Islamic Sharia
comprehensively in Indonesia. Idealists are usually members of Islamic organisations.
They prefer the term ‘Perda Sharia’ because they believe that if more people use the
term ‘Sharia’, it will be more popular and accepted more easily. Idealists include
members of MUI, NU and Muhammadiyah.
Conversely, pragmatists are those who have political or other motives. Thus,
supporting the implementation of Perda Sharia is a way to advance their political or
economic agendas, such as to be elected as a Bupati or DPRD member. Pragmatists
have a short-term goal, such as to win an election or to obtain a position and have
influence in the district government or legislature. Most of them are insiders who
68
have position or authority in the government or DPRD. They are very concerned and
careful about the name of Perda Sharia, and they are reluctant to use it, as this
controversial policy has been opposed by many organisations, NGOs and members of
parliament. The issue has been taken to the Constitutional Court, as many pragmatists
believe that Perda Sharia is contrary to the national Constitution and that its
implementation will jeopardise their position in the government.
4.2.1 Idealists: Formalist and Substantive
I have divided the idealists into two groups: idealist formalists and idealist
substantives. Idealist formalists are those who have a main objective to formalise
Sharia into regulation, law or constitution, and to promote a more formal and textual
Islam. Some of this group have the long-term objective to establish an Islamic state or
state with a Sharia-based constitution. These groups include the KPPSI in
Bulukumba, South Sulawesi, and GARIS in Cianjur, West Java.46
Idealist substantives are those who want to implement the substance of Islamic
teachings, values and principles. Their objective is to disseminate Islamic teaching
and values into daily life. The formalisation of Sharia into regulation or law is not
their main goal. These groups include NU, MUI and Muhammadiyah.
4.2.2 Pragmatists
Pragmatists are those who want to implement Sharia because they have short-term
objectives and political interests, such as to be elected as a Bupati or DPRD member.
Most pragmatists are people who have authority to propose, recommend, process and
implement Perda Sharia. This group comprises people who have positions in the
government, legislature and the political parties.
Idealists and pragmatists have different motivations. Idealists believe that by
supporting the Islamic Sharia, they will be rewarded by God; it does not matter if they
will derive advantages or disadvantages in this world. Conversely, pragmatists have
short-term considerations of practical day-to-day politics and always take into
46
Many other groups in South Sulawesi and Cianjur can be categorised as formalist idealists, such as Wahdah
Islamiyah, Aliansi Muslim Bulukumba and Hizbu Tahrir Indonesia. However, this research focuses on the KPPSI
in South Sulawesi and on GARIS in Cianjur.
69
consideration the advantages or disadvantages of supporting the Islamic Sharia. This
is why pragmatists are very concerned and careful about the name of Perda Sharia
and are reluctant to use it, because it is against the national Constitution and it will
jeopardise their position in the government. However, to some extent, the boundaries
between idealists and pragmatists are blurred and sometimes overlap.
4.2.3 Formalist Idealists
4.2.3.1 KPPSI
Komite Persiapan Penegakan Syariat Islam (KPPSI: the Preparatory Committee for
the Implementation of Islamic Sharia) has its main base in South Sulawesi and is an
umbrella organisation for Islamic organisations supporting the implementation of
Sharia in South Sulawesi. KPPSI was formed after the first Islamic Congress in
Makassar that authorised KPPSI to campaign for implementing Sharia Islam in South
Sulawesi. Initially, KPPSI was formed after a series of meetings and conferences
starting in 2000. The first meeting was held in Yogyakarta in August 2000 in the first
Mujahidin (Arabic for ‘fighter of Jihad’) congress. The congress aimed to integrate
the objectives and actions of all Mujahidin to implement Sharia Islam. Hundreds of
activists from Islamic organisations and parties attended, along with scholars from all
over Indonesia. Participants also came from South Sulawesi, including Abdurrahman
A. Basalamah, former rector of the Indonesian Muslim University (UMI) in
Makassar, and Agus Dwikarna, who were elected to positions on the Mujahidin
Council (Pradadimara & Junedding 2002a). These meetings were followed by
discussions in hotel Berlian in Makassar on the implementation of Sharia law. From
this meeting, a recommendation was made to hold a Kongres Umat Islam (Islamic
Congress), and KPPSI was formally established during the Forum Ukuwah Islamiyah
(FUI) in 2000 in Makassar (Asi 2007b; Putra 2005).
The main objective of the establishment of KPPSI was to obtain Special Autonomy
Law for South Sulawesi, similar to that in Aceh (Asi 2007b, p. 3). Abdul Azis Kahhar
Muzakkar leads the KPPSI, and he has been a member of Dewan Perwakilan Daerah
(DPD: Regional Representative Council) for South Sulawesi since the 2004 election.
Due to his leadership, many saw KPPSI as a continuation of DI’s struggle, which was
led by Kahhar Muzakkar (Asi 2007b). However, unlike DI, the KPPSI conducted its
struggle through constitutional and peaceful means. KPPSI’s long-term objective is
70
the attainment of special autonomy for South Sulawesi and the holistic
implementation of Sharia in the region. The organisation believes that the Shariabased Regional Regulation that has been implemented in some districts would be a
stepping stone to the attainment of its goal (Asi 2007b, p. 3)
4.2.3.1.1 First Kongress Umat Islam (Islamic Congress)
As a follow-up to several meetings, the first Kongres Umat Islam (KUI: Islamic
Community Congress) was held in October 2000 in Makassar. The congress was
organised to discuss special autonomy47 for the implementation of Sharia Islam in
South Sulawesi (Pradadimara & Junedding 2002a). The congress committee claimed
that the participants in the congress represented all major Muslim groups,
organisations and institutions all over the province of South Sulawesi (Halim 2005).
Jakarta politicians, including A.M. Fatwa, attended the congress, which was opened
by the Deputy Governor of South Sulawesi. Various groups attended, including
student activists and quasi-paramilitary groups from all over South Sulawesi, along
with active participants from the Yogyakarta congress, like Habib Husain Al-Habsy
and Abu Bakar Ba’ashir. Abdul Hadi Awang, a charismatic figure from the Malaysian
opposition Islamic Party PAS, also attended (Pradadimara & Junedding 2002a).
The congress was tightly guarded—not by the police or the army, but by the
paramilitary security group known as the Laskar Jundullah (the army of God)—
allegedly to prevent ‘infiltration’. The Laskar not only guarded the toilets, but they
also limited access to the Musholla (small mosque/praying space/chapel) during the
supposedly open and public Friday noon prayers (shalat Jum’at). Some participants
later acknowledged that the tight security made them feel awkward and controlled
47
Special Autonomy is a form of decentralised authority granted by the central government to the province to
manage its own affairs. For instance, Aceh Province has been granted Special Autonomy by the central
government based on Law No. 18/2001 as Nanggroe Aceh Darussalam Province. The law grants Aceh the
authority to implement Sharia, whereas under the Regional Autonomy Laws of 1999, religious affairs remain
under the central government’s authority. Regional autonomy devolves authority to the district or municipality
governments to manage the region based on their local resources. Based on Law No. 22/1999 on Regional
Government and Law No. 25/1999 on Balancing Finance between the Central and Regional Governments, the law
delegates at least 11 areas of authority to the district government. These include land matters, agriculture,
education and culture, employment (manpower), health, environment, public works, transportation, trade and
industry, capital investment and co-operative enterprise (koperasi) However, foreign affairs, defence, security,
justice, monetary and fiscal policy, and religious affairs still remain under central government authority. Under the
Regional Autonomy Laws of 1999, there is no significant devolution of authority from the central government to
the provinces (Salim and Azra 2003). It is important to note that West Papua was also granted Special Autonomy
based on Law No. 21/2001. Unlike the Aceh case, special autonomy in Papua does not have any provision for
Sharia.
71
(Pradadimara & Junedding 2002a). However, Lasykar Jundullah was established not
only for this purpose, but also, more importantly, to support KPPSI’s political
movement.
According to the Deputy Leader of Laskar Jundullah, Iswari Al Farisy (in Jupriadi
2002), the group has three main duties: assist the KPPSI to reach its goals; enforce
Islamic Sharia to provide guidelines for the mental and religious development of local
youths, and undertake social welfare activities. In contrast to its social activities, its
leader, Agus Dwikarna, who was elected after the second congress, is currently
serving a 10-year jail sentence in the Philippines because he was accused of carrying
explosives in his suitcase during his visit to the country in 2002 (Halim 2009).
The first Islamic Congress in Makassar had several outcomes, including the
establishment of the KPPSI, which was authorised to pursue the final goal of
implementing Sharia Islam in South Sulawesi. The Lasykar Jundullah (not yet led by
Agus Dwikarna) was to become an integrated part of KPPSI. The KPPSI itself
comprised two bodies: the Majelis Syuro (a largely advisory council) and Majelis
Lajnah (the Executive Council). Members of Majelis Syuro were mostly university
intellectuals and Ulama (Islamic scholars/religious teachers) and included not only
Achmad Ali and Abdurrahman Bassalamah, but also Sanusi Baco, the chair of the
local branch of the MUI. Abdul Azis Kahar Muzakkar, the son of Kahar Muzakkar,
the former DI commander in South Sulawesi in the 1950s, became the head of
executive council, which has the authority to direct and organise the KPPSI. Hence, it
is difficult to disassociate the KPPSI with the movement of DI, and it was called a
form of ‘nostalgia’ (Pradadimara & Junedding 2002a). Due to the leadership, many
saw the KPPSI as a continuation of DI’s struggle, which was undertaken by Kahar
Muzakkar (Asi 2007b). However, according to Nunding Ram, the General secretary
of KPPSI, KPPSI is different from DI. It can be seen from the method of the struggle
as well as the objectives. Unlike DI, KPPSI conducts its struggle through
constitutional means, such as advocating the government to implement Sharia Islam
through hearings with DPRD, public seminars, lobbying and, as reflected in its longterm goals, achieving Special Autonomy for South Sulawesi and the comprehensive
implementation of Sharia in the province (Nunding Ram, General Secretary of
KPPSI, interview 3 June 2008).
72
4.2.3.1.2 Second KUI of KPPSI
In December 2001, the second Islamic Congress was held in Makassar. The
organising committee of the congress claimed that the congress, and then the struggle,
had received broader support. Almost all notable social, political and religious figures
of South Sulawesi were listed as members of the various committees for the congress.
For example, the Advisory Committee consisted of the governor of South Sulawesi,
the chair of the house of people’s representatives of South Sulawesi (DPRD province)
and the Mayor of Makassar Municipality, and it included one of the most respected
figures in South Sulawesi, Muhammad Jusuf Kalla.48 Tamsil Linrung,49 a DPR RI
member from PKS, who was later arrested with Agus Dwikarna in the Philippines on
March 2002, also attended. All of the rectors of Makassar’s major universities, as well
as the chairpersons of the two largest Islamic organisations in Indonesia—the local
NU and Muhammadiyah branches—became the steering committee of the congress
(Halim 2009). However, the extent to which these prominent figures supported
KPPSI’s ideology or political agendas is unclear (Halim 2009). At most public events
in South Sulawesi, many of these personages attended the congress only to deliver
their speeches. Nonetheless, this list of personages portrayed a conservative image of
the movement, as the congress attracted the political establishment of South Sulawesi
(Pradadimara & Junedding 2002a).
It seemed that the political elite was ready to allow its name to be associated with the
KPPSI. In the second congress, it is apparent that KPPSI was able to involve many
mainstream figures in the congress for a number of reasons. First, the KPPSI was the
first organisation in South Sulawesi that promoted itself as an advocate of Islamic
Sharia. Second, the members of KPPSI were highly educated urban people, who often
have high positions and influence in the community. Third, the issue of Islamic Sharia
was very popular and widely supported at that time. Hence, many people wanted to be
48
He was appointed as a coordinating minister for social welfare during president Megawati’s government, and
from 2004 to 2009, he was the Vice President of Indonesia.
49
Tamsil Linrung, a Makassar-born Jakarta politician, was arrested with his brother-in-law, Agus Dwikarna, who
was a Muslim group activist, and a businessman, Abdul Jamal Balfas, by Philippines police at Manila airport in
2002 for the attempted smuggling of a small amount of C4 explosives, detonating cords and blasting caps. In the
past, they have been accused of being members of Islamic terror groups such as Jemaah Islamiyah (JI), and of
militant groups such as Laskar Jundullah. All three men claimed that the bomb-making materials had been planted
on them. Agus Dwikarna was charged with the crime and was sentenced to 10–17 years. Charges against Jamal
Balfas and Tamsil Linrung (sometimes called Hamsid Lin Rung in Philippino court documents) were dropped
after president Megawati made a personal plea to Philippines president Arroyo, and the two were released a month
after the arrests (Siboro & Yogita Tahilramani 2002; The Jakarta Post 2002).
73
affiliated with the idea and the group of Islamic Sharia. Fourth, some public figures
wanted to be affiliated with KPPSI because they wanted political support from
KPPSI, reflecting the KPPSI’s popularity at the time, as Jupriadi (2002) claimed that
Laskar Jundullah had more than 20,000 members throughout Sulawesi Selatan.
However, Kamil and Bamualim (2007b) observed that KPPSI often pressured the
media, press and journalists to promote its activities, as well as the implementation of
Islamic Sharia, and at the same time discourage coverage of those opposed to the
implementation of Islamic Sharia. Some members of the legislature and the executive
were also pressured by KPPSI to support the idea of the implementation of Islamic
Sharia; therefore, the province assembly (DPRD Provinsi) in South Sulawesi agreed
to submit a draft of Islamic Sharia that was proposed by KPPSI to the central
government (Kamil & Bamualim 2007b).
The congress commenced on the same day that Hamzah Haz, the Indonesian Vice
President, visited Makassar for an official visit. Thus, the organiser claimed on many
occasions that Hamzah Haz, who was known to be sympathetic to Islamic militant
groups, would personally open the congress. The date for the congress itself was
repeatedly changed to adjust to the tight schedule of the Vice President (Halim 2009).
Although the opening session was delayed for several hours, Haz did not come and
instead M. Jusuf Kalla opened the congress. A disappointed crowd booed him.
However, Hamzah Haz briefly visited the congress several hours later, but took a
moderate stance towards the political agenda of the KPPSI. Hamzah Haz remained
non-committal about the inclusion of Islamic law in the Constitution. Meanwhile,
Jusuf Kalla emphasised the need to start from oneself and one’s family in
implementing Sharia Islam, rather than asking the state to adopt it. This approach is
popularly known as the ‘cultural’ as opposed to the ‘legal’ approach to implement
Sharia Islam (Pradadimara & Junedding 2002a).
Even though many groups in South Sulawesi can be viewed as taking a moderate
stand with regard to the formalisation of Sharia Islam in their region, KPPSI persisted
in announcing a draft law that would grant special status to South Sulawesi and allow
the local government to impose comprehensive Sharia Islam (Halim 2005). The draft
law was clearly inspired by similar legislation implemented in Aceh. Therefore,
74
KPPSI was making all necessary efforts to obtain special autonomy for the province
of South Sulawesi, similar to that granted to Aceh, so that South Sulawesi could
enforce Sharia Islam under the same legal status.
Basalamah (2000), the secretary general of KPPSI, argued that the struggle for the
implementation of Islamic Sharia in South Sulawesi should learn from Aceh because
the implementation of Islamic Sharia in Aceh was applicable to South Sulawesi.
Further, as A. M. Fatwa50 stated at the second Islamic Congress in Makassar 2001,
Aceh and South Sulawesi have three similarities in regard to their Islamic identity and
history. First, in the past, Aceh and South Sulawesi had similar inheritances of Islamic
kingdoms, which had a significant influence on the archipelago in their own times.
Second, both regions became the centre of the struggle for the establishment of an
Indonesian Islamic state during the national revolution to defend Indonesian
independence during the second half of the 1940s. Lastly, Aceh was recognised as the
‘veranda of Mecca’ due to its strong influence of Islam. It was also acceptable that
South Sulawesi would be called ‘the veranda of Medina’ for the same reason (Fatwa
2001). Abdul Aziz Qahhar Mudzakkar (2000), chair of KPPSI’s executive council,
insisted that the minimum objective of the second congress would be special
autonomy for South Sulawesi to be granted by the central government.
However, the announcement was overshadowed by a bomb blast on the third day of
the congress. The organisers blamed a third party for trying to disrupt the congress,
but police suspected that the incident was a cheap self-publicity act. Now, the second
congress is remembered primarily because of this incident (Muannas 2001).
Further, KPPSI also maintains a close connection with several ‘anti-maksiat or anti
kejahatan’ (anti-immorality or anti-crime) groups, or vigilante groups. The groups
have often held raids on nightspots and amusement centres, and fomented antiAmerican sentiment among locals (Jupriadi 2002). These groups have mushroomed in
various regions in the interior areas of South Sulawesi since 1999 (Halim 2005).
Lasykar Jundullah, at that time not yet led by Agus Dwikarna, appears to have
50
He is a South Sulawesi-born Jakarta politician who supports KPPSI’s aim. He was a Vice Chairman of DPR-RI
during 1999–2004 and Vice Chairman of MPR-RI during 2004–2009.
75
become an umbrella organisation for these bands. This civilian militia was also
expected to become a Sharia police force if Sharia Islam was implemented.
However, Aswar Hassan (in Tantan, Dalle & Bakri 2002), the former secretary
general of KPPSI, denied the rumours that Laskar Jundullah (Army of Allah) was
prepared to be a ‘military’ wing of KPPSI. The Laskar aimed to monitor the
implementation of Islamic Sharia if South Sulawesi received special autonomy.
Further, he added that the activity of Laskar Jundullah was operating only in South
Sulawesi and that it was not involved in the conflicts in Poso or Ambon. However, if
they were in the conflict area, it was not for fighting but for aiding humanity.
However, Fealy (2005) observed that Laskar Jundullah had acted as a semi-criminal
and vigilante group, usually armed with sticks and machetes. Many of its members
have backgrounds in local gangs and it is a feared presence in South Sulawesi, where
it regularly intimidates parliamentarians, officials and the media into supporting its
moves to implement Sharia Islam in the province. In Bulukumba, the members of
Lasykar Jundullah are mainly recruited from local gangs (Arum, the Head of KPU
Bulukumba, former leader of AMB in Bulukumba, interviewed 6 June 2008; Yusuf,
former member of Lasykar Jundullah Bulukumba, interviewed 16 June 2008).
4.2.3.1.3 Third KUI
In March 2005, the third Islamic congress was held in Bulukumba. Bulukumba hosted
the congress because of the close relationship between Patabai Pabokori, the Bupati at
that time, and Azis Kahhar Muzakkar and the KPPSI. Patabai has become a member
of KPPSI, and Bulukumba was considered a pioneer of the districts in South Sulawesi
that implemented Perda Sharia due to implementing the most Syraiah-inspired
regional regulation. Hence, KPPSI began to herald him as an example of a ‘good
Muslim leader’. The chair of the MPR, Hidayat Nur Wahid, opened the congress. At
least 500 participants attended the event, of which none were women. The former
general secretary of KPPSI, Aswar Hasan (in Media Indonesia 2005) was
disappointed because of the absence of women from the congress. He argued that it
could be because women worry that they would be suspected of involvement in
terrorist action, as America accused, if they joined an Islamic organisation such as
KPPSI. Second, the women might feel uncomfortable and awkward because they
76
knew that female participation was minimal, so they decided not to attend (Media
Indonesia 2005).
The recommendation of the third congress not only focused on demands for special
autonomy, but also on broader issues such as struggling to enforce Islamic Sharia in
all levels, including individual, family, community, nation and state, and prioritising
the struggle to implement Sharia Islam above all personal and group interests (TribunTimur 2008 ).
4.2.3.1.4 Fourth KUI: The Change of KPPSI’s Strategy
The fourth congress was due to be held on December 2008 in the Pangkep district,
South Sulawesi. The congress planned to discuss a new, mainly political agenda in
response to the next general election in 2009, due to many KPPSI activists joining and
becoming active in the political parties. However, the fourth congress was postponed
for unclear reasons until 6 February 2010. During 2007–2009, KPPSI experienced a
‘vacuum’: it did not undertake many activities and did not promote Islamic Sharia
extensively. This was related to Azis Kahhar Muzakkar, the leader of KPPSI, also
becoming a Dewan Perwakilan Daerah (DPD: Council of Regional Representatives)
member in Jakarta. This made it difficult for him to manage the KPPSI, which was
based in Makassar, South Sulawesi. The failure of Azis Kahar Muzakar to become
governor in the 2007 election was another reason why KPPSI activities declined.
During the election, Azis received the smallest vote among the candidates, which
suggests that the KPPSI as an organisation, and its campaign to implement Islamic
Sharia, was not supported by the majority population of South Sulawesi. During Azis’
campaign for the governorship, there was debate among KPPSI members, with some
members supporting the idea of Azis running in the Governor election to promote the
idea of implementing Sharia. However, other members considered that Azis
politicised the KPPSI and used KPPSI and Sharia issues as a vehicle to further his
personal political interests. This can be understood because KPPSI members are from
various political parties and Islamic organisations that supported other candidates
during the election. Azis’ political career in the pilkada and the 2004 and 2009 DPD
elections seem to suggest that his support base was insufficient to make him a
credible candidate for governor, but sufficient to have him elected to the DPD twice.
77
DPD membership is much less important than being governor, but it indicates a basis
of support in South Sulawesi society.
As a result of the fourth congress, KPPSI changed its strategy and the name and
structure of the organisation. According to Azis (Media Indonesia 2005), KPPSI
changed from ‘persiapan’ (preparatory committee) to ‘perjuangan’ (struggle
committee), to emphasise the struggle of the organisation to implement Sharia in
South Sulawesi. Azis was also appointed as an ‘Amir’ (highest leader), who has
authority like a president and has the authority to appoint someone to the post in
KPPSI. The position of Amir reminds us of the leadership of the DI/TII movement in
West Java, where Kartosuwiryo appointed himself as an ‘Amir’ of the movement and
had ultimate and dominant power.
Azis (Muzakkar 2010) explained that the strategy to implement Sharia has changed to
focus on the cultural movement, although the mission to realise special autonomy is
maintained. This is due to the fact that several efforts to obtain special autonomy have
not succeeded and are very difficult, especially since the elected governor, Syahrul
Yasin Limpo, was not as supportive as Amin Syam, the former governor, to the idea
of implementing Islamic Sharia. To date, the governors in south Sulawesi have not
attempted to negotiate special autonomy from the central government in Jakarta
(Muzakkar 2010).
The KPPSI’s cultural approach was prioritised, as it had implications for the progress
of Sharia implementation, such as establishing at least two Muslim villages in every
district, educating preachers to promote the implementation of Sharia, and advocating
and encouraging the Bupati and DPRD to produce Perda Sharia (Muzakkar 2010).
Further, the recommendation of the congress has also changed from focusing only on
special autonomy to using the event of local-head direct elections (Pilkada) as a
vehicle to promote and enforce Sharia. KPPSI urged Muslims to only vote for a
Bupati candidate who is willing, and has a commitment to, implementing Sharia
Islam. Further, according to Hassan, the former Secretary General of KPPSI, KPPSI
only supported the candidates for district leader and for local parliament who wanted
to implement Perda Sharia and, if necessary, the KPPSI would make a political
78
contract as a commitment to the candidate it supported. This strategy was a response
to the upcoming Bupati election in some districts in South Sulawesi (Muzakkar 2010).
The KPPSI used the strategy to only support Bupati candidates who wanted to
implement Sharia-based Perda since KPPSI was established. However, this
recommendation seems to emphasise its strategy, especially since the former Bupati
of Bulukumba, Patabai, who had close connections with the KPPSI, succeeded in
implementing some Sharia-based Perda in the Bulukumba district. This strategy is
considered the most effective way with less resistance.
Apart from that, similar to recommendations from the previous congresses, KPPSI
also demanded that the President, Minister of Law and Human Rights, and Foreign
Minister ask the Philippines government to free Dwi Karna, the ex-leader of Laskar
Jundullah, who is currently serving a 10-year jail sentence in the Philippines.51
Another recommendation was to encourage educational institutions to oblige all
female Muslim students to wear the jilbab (Ade 2010; Alvian 2010; mappanganro
2010).
4.2.3.2 Motivation: KPPSI and Special Autonomy
The long-term goals of the KPPSI are the achievement of special autonomy for South
Sulawesi and the comprehensive implementation of Sharia in the region. Through
special autonomy, the South Sulawesi government has greater authority to manage the
province and implement Sharia, as happened in Aceh.52 However, their goal to obtain
special autonomy has not been a success since the first congress in 2000. Their
‘structural’ approach, such as advocating the governor and DPRD province to demand
the central government to grant South Sulawesi special autonomy, has always failed.
According to Azis (Ade 2010), the three governors of South Sulawesi have never
supported the idea of special autonomy (Muzakkar 2010). Despite his position as a
DPD member, Azis said he could not do anything to demand special autonomy at the
51
According to Sirajuddin (the secretary of Dewan Syuro KPPSI), Hassan Wirajuda (the former Foreign Minister)
and Yusril Ihza Mahendra (the Cabinet Secretary) have promised in the front of Commission I DPRRI to approach
the Philippines (Fajar Online 2010).
52
Apart from the issue of special autonomy, there is a related issue of pemekeran (establishment of new provinces
and districts). South Sulawesi has been divided into West Sulawesi, and there are campaigns for at least one more
province in South Sulawesi. Pemekeran might undermine the campaign for Special Autonomy by reducing the
territory.
79
national level due to the fact that there was no recommendation from the governor53
(Muannas 2002).
The KPPSI has been using both structural and cultural approaches. However, since
the fourth congress, KPPSI has prioritised the cultural approach by supporting the
implementation of Perda Sharia in the districts, as this strategy was considered more
effective. If there were more districts implementing Perda Sharia, it could be claimed
that it was the community’s will and demand to implement Sharia Islam; hence, the
KPPSI had more evidence to demand that the central government grant South
Sulawesi special autonomy. The meaning of the cultural approach in this strategy is
not literally ‘culture’, but rather to explain that the KPPSI struggle is not only about
the attainment of Special Autonomy Law as a ‘payung hukum’ (legal umbrella) to
give South Sulawesi authority to implement Sharia law legally (this is considered a
structural approach), but also about advocacy with the district governments and
DPRD to implement Sharia-based Perda, although there is no ‘payung hukum’ (this is
considered a cultural approach). Reflecting the success of the KPPSI’s campaign,
until early 2013, 22 of the 24 districts and municipalities in South Sulawesi, including
Bulukumba, have implemented at least one form of Perda Sharia such as a Perda on
zakat, consuming alcohol, Muslim clothes, reading and learning Qur’an and Islamic
morals. (Desantara 2008; Fajar Online 2013; Makassar TV 2011; Setiawan & Susila
2013). It is important to note that the two districts that have not implemented Perda
Sharia—Tana Toraja and North Toraja—have Christian majority populations.
Nevertheless, on the recommendation of the district police, these two districts intend
to implement regulations on alcohol consumption, with the objective of reducing the
high rate of crime (Lembang 2012; Palopo Pos 2012).
The change of the KPPSI’s strategy is a way to adapt the political change in South
Sulawesi. The failure of Azis Kahar Muzakkar’s campaign for the governorship was a
lesson for KPPSI to recalculate the strategy to obtain sympathy and support from
society, regardless of whether they promote the organisation as a motor of Perda
Sharia openly. In addition, KPPSI has changed its strategy to not only focus on
promoting Islamic Sharia openly, but also to shift and pick up other issues as well to
53
In the case of Aceh and Papua, Special Autonomy had strong support from the Governor and Province
Government during negotiations with the central government in 2000–2001.
80
fit with the political circumstances and community’s basic needs. As Suaedy
(Muzakkar 2010) argued, supporters of the formalisation of Sharia have shifted their
strategy to not only focusing on how to make Sharia a national Constitution, but also
preferring to use strategy ‘desa mengepung kota’ (villages encircling the towns) by
creating as many Islamic-inspired regulations in as many regions as possible. This
suggests that Sharia supporters think that they have a stronger basis of support in rural
areas.
4.2.3.3 Ideological Basis and the Network
The role of KPPSI in Bulukumba was significant. The KPPSI supported the idea of
the implementation of Perda Sharia. Some top figures in Bulukumba also have
significant positions in KPPSI. For instance, the former Bupati of Bulukumba, Patabai
Pabokori, who became the Head of Education in South Sulawesi, established KPPSI
in Bulukumba and is a Mustasyar (adviser) of KPPSI in the province. Patabai is also
in the presidium of ‘Forum Umat Islam’ (FUI: the Muslim Forum) in South Sulawesi.
His position as the Head of the Department of Education could attract others to join
KPPSI. Further, the Head of Muhammadiyah in Bulukumba became ‘dewan syuro’
(the advisor) of KPPSI (Pradadimara & Junedding 2002a)
KPPSI's support mostly comes from urban-based university-educated males. They are
graduates from pesantren (Islamic schools) and regular schools from all over South
Sulawesi who have congregated in Makassar for higher education. They attend
universities in the city and join Islamic student associations, mostly HMI (Surur
2008). Most students enrol at either the state-owned Hasanuddin University or the
private Muslim University of Indonesia (UMI). These institutions of higher education
have created a social class that is religious in character, yet without a group
consciousness oriented around an ulama (in contrast to East Java) (Noor 2010).
Although KPPSI’s leaders are mainly ‘urban-based university-educated males’
(Pradadimara & Junedding 2002, p. 25), KPPSI acted quickly to establish its presence
in many rural districts of South Sulawesi. The future aim is to lobby the political
elites in these rural regions in order to obtain their support for the implementation of
Syariat Islam (Pradadimara & Junedding 2002b). The strategy of ‘desa mengepung
kota’ is considered more affective than only struggling for the attainment of special
81
autonomy for South Sulawesi and implementing Sharia-based Perda in urban areas,
as the high profile of KPPSI figures can be seen as ‘pressure’ on the Bupati or DPRD
at the district level. Further, some close relationships between KPPSI members with
some Bupatis and DPRD members have made the lobbying process easier at the
district level.
There are some high-profile leading figures in KPPSI in Makassar. For example,
Aswar Hasan, the general secretary, is a senior academic at Hasanuddin University
and the Head of the Komisi Penyiaran Indonesia (KPI: Indonesian Broadcasting
Commission) in South Sulawesi, and Azis Kahar Muzakkar (‘Amir’) of KPPSI, who
was previously the Head of the Executive Committee of KPPSI and who has been a
member of DPD since 2004, with the highest support (Tomsa 2008, p. 102). Later, his
position as a DPD member played a significant role in attracting other people to join
KPPSI. In addition, he is a son of Kahar Muzakkar, the leader of Tentara Islam
Indonesia (TII: Indonesian Muslim Army), who is considered by most South
Sulawesi people a ‘hero’ and a charismatic fighter. It is important to note that Azis is
not the only son of Kahar Muzakkar to be involved in politics; there are at least two
other sons: Andi Mudzakkar (commonly known as Andi Cakka), who is the Bupati of
the Luwu district, and Buhari Kahar, who is the member of DPRD in the South
Sulawesi province (Irmawati 2009). By having high profiles in politics, Azis and his
family are highly respected in South Sulawesi.
The KPPSI has gained broad support from many organisations and senior figures—
not only from Sulawesi, but also at the national level—such as Abu Bakar Ba’ashir,
the founder of Majelis Mujahidin Indonesia, who attended the first Congress of
KPPSI in Makassar and visited Bulukumba for the opening of FUI. KPPSI and its ally
organisations such as FUI are also supported by PKS, such as Tamsil Linrung and
Hidayat Nur Wahid (Amal 2010).
Most KPPSI activists and hardliners come from UMI, where Abdurrahman
Basalamah was once Rector. Agus Dwikarna attended UMI, but never graduated.
KPPSI ideologues, who generally have more moderate stands, are mostly lecturers at
the State Institute of Islam (IAIN) in Makassar. The chairs of KPPSI branches in the
82
regions are mostly university graduates with engineering, medical or social science
degrees.
Although KPPSI uses an image of intellectualism, there has been very little open and
intellectual debate on the definition and implications of Islamic Law. Most statements
in local newspapers regarding Islamic Law have been dogmatic. The same
phenomenon is evident at the national level. While there is wide support for the
implementation of Islamic Law in general, there is sharp disagreement over what it
means. The implicit statement in this lack of debate is that every good Muslim should
know what Syariat Islam means and implies, and thus, like KPPSI, they should
support its implementation whole-heartedly. Hence, there is little need for them to
explain what they mean by it, or for others, they assume, to ask them what it means
(Zeena 2009).
KPPSI also has a close connection with various anti-maksiat (anti-immorality/antivice) or anti-kejahatan (anti-crime) groups. These are all-male vigilante paramilitary
bands that are usually armed with sticks and machetes. These groups have
mushroomed in various regions in South Sulawesi since 1999, and the KPPSI’s
Lasykar Jundullah seems to have become an umbrella organisation for these bands.
Pradadimara and Junedding (Pradadimara & Junedding 2002b) observed that the
KPPSI and its activism shows a picture of the male, urban-based elite playing with the
image of religious intellectualism to mobilise support from youthful males in both the
cities and rural areas of South Sulawesi. The former Bupati Bulukumba, Patabai
Pabokori, who became the Head of Education (Kepala Dinas Pendidikan) in the South
Sulawesi provincial government, was also the advisor of the KPPSI. The Komisi
Pemilihan Umum (KPU: Head of the Election Commission) was also a member of
KPPSI and one of the leaders of Laskar Jundullah in Bulukumba.
4.2.3.4 GARIS
Another formalist idealist group is Gerakan Reformis Islam (GARIS: Islamic
Reformist movement), which is based in Cianjur. GARIS was founded as a response
to the reformation era. The motivation to establish GARIS, according to its founder,
Cep Hermawan, in 1998, was that, in his opinion, many Muslim activists, who were
involved in the anti-Suharto movement in 1997-8, had been influenced by former
83
members of the Indonesian Communist Party (Partai Komunis Indonesia) and joined
the ‘leftist’ organisations with socialist–communist ideologies (Cep Hemawan,
interview, 13 May 2008). This trend was a concern to Cep Hermawan. In the early
reformation era, Anwar Haryono, the leader of Dewan Dakwah Islamiyah Indonesia
(DDII: Indonesian Islamic Propagation Council) invited Cep Hermawan to his house,
along with Yusri Ihza Mahendra, who became the leader of Partai Bulan Bintang
(PBB: the Crescent Star Party) in 1999 and a minister under presidents Abdurrahman
Wahid, Megawati and Susilo Bambang Yudoyono. The meeting discussed forming an
institution and political party based on Islam. Later, Cep Hermawan established
GARIS and Yusri became the leader of PBB (Cep Hemawan, interview 13 May
2008).
Cep Hermawan is a Persatuan Sarikat Islam (PERSIS: Syarikat Islamic Unity) activist
from Cianjur who idolised Mohammad Natsir, the former Prime Minister of Indonesia
and Chairman of the Indonesian Muslim Advisory Council (Masyumi), which is a
major Muslim party that rivalled NU in the 1950s. Hermawan saw the need to
establish an organisation with an Islamic ideology that could accommodate Muslim
activists (Cep Hemawan, interview 13 May 2008).
The activities of this organisation were mainly to conduct demonstrations related to
Islamic issues such as banning Ahmadiyah; opposing the Carmelite Prayer Centre on
Cikanyere Hill (Lembah Karmel Cikanyere) in Cianjur, West Java; protesting
government policy that, according to them, was contrary to Islamic teachings; and
abolishing nightclubs, prostitution in hotels, warung (small restaurants) that open
during Ramadan; severely censuring women who did not wear jilbab; conducting
social and charity activities such as selling cheap rice (raskin), helping the poor and
producing leaflets, banners and billboards with Islamic themes, such as encouraging
women to wear jilbab. The activities of GARIS have not only taken place in Cianjur,
but also in other regions, such as joint demonstrations in Jakarta with other hardliners,
namely FPI (the front of Islamic Defender) and FUI (Muslim Community Forum),
against the invasion of the US army in Afghanistan.
84
The role of GARIS in the implementation of Perda Sharia ‘Gerbang Marhamah’54 in
Cianjur was very significant. The organisation supported the Bupati Wasidi to win the
Bupati election in 2001 (by the DPRD members) by making a political contract with
Wasidi to implement Perda Sharia (a further explanation on the involvement of
GARIS in the local election in Cianjur is provided in Chapter 6). However, as Wasidi
was defeated in the 2006 direct election for Bupati, the activities of GARIS have
become less influential, despite still advocating Sharia/Islamic-related issues such as
demanding the DPRD to close cafes during Ramadan (2002b), campaigning against
corruption (Suryatna 2010 ) and burning down the cafes that it claimed no longer had
permits (Den 2010). Recently, GARIS, together with the MUI, demanded that the
DPRD close the cafes, restaurants and nightclubs that operated during Ramadan.
Similar with other formalist idealist groups, the activities of GARIS always involve
mobilising supporters for demonstrations and conducting sweeping raids.
4.2.3.5 LPPI
Another formalist idealist group is Lembaga Pengkajian dan Pengembangan Islam
(LPPI: Institute for Islamic Studies and Development). LPPI was established by the
Bupati of the Cianjur district, Wasidi Swastomo, by issuing decree No. 36/2001 after
the first meeting in 2001 of the Silaturrahmi Ummat Islam (SILMUI: Muslim
Gathering) in Cianjur. The meeting demanded that Wasidi Swastomo fulfil his
election promise to implement Islamic Sharia if he was elected. Although LPPI is
categorised as a formalist idealist group, LPPI differs with GARIS and KPPSI in that
LPPI was established by the local government, while the others were not. However,
both GARIS and KPPSI had strong government and political networks.
The aim of establishing LPPI was to prepare and study the implementation of Sharia
Islam in Cianjur. The activities of LPPI in Cianjur, which were fully funded by the
district government, included publishing books and brochures related to Islamic
Sharia, conducting seminars and training workshops for government staff members in
relation to the implementation of Sharia Islam and creating a ‘think tank’ group
54
Gerbang Marhamah stands for Gerakan Pembangunan Masyarakat Berahlakul Karimah and literally means
‘The Development Movement of the Good Moral Community’. Gerbang Marhamah is an umbrella term for
several programs to implement Sharia in Cianjur. There are three primary programs of Gerbang Marhamah:
develop good moral behaviour for the government administration and individuals; develop harmonious family
(Keluarga Sakinah), and develop good moral behaviour for the community.
85
within the government to discuss, formulate and promote the implementation of
Islamic Sharia in Cianjur. I categorise this group as formalist idealist because the
members of LPPI were mainly Muslim activists and Islamic leaders—most of whom
wanted to formalise Islamic Sharia. However, as the Bupati Warsidi, who supported
the implementation of Perda Sharia, was not re-elected for a second period, LPPI was
merged into MUI under the Department of Penelitian dan Pengembangan (Litbang:
research and development). Since then, LPPI has not been as active. In 2009, Tjetjep,
the newly elected Bupati, issued Decree No. 61/2009 on the Revocation of Decree
No. 36/2001 on the Establishment of Institute for Islamic Studies and Development
(LPPI).
The role of LPPI was significant in supporting the implementation of Islamic Sharia.
LPPI even submitted a draft of Regional Regulation (RaPerda) of the implementation
of Sharia in Cianjur, but the draft law was rejected in the DPRD meeting. Some
members of parliament who rejected this draft were labelled anti-Islamic.
Nevertheless, LPPI continued to promote political consolidation and conduct various
activities to support the formalisation of Islamic Sharia.
Further, LPPI was a ‘think tank’ for the formalisation of Islamic Law in Cianjur by
formulating guidelines for its implementation in Cianjur, including formulating a
book, ‘Basic Format Implementation of Islamic Sharia’ (Format Dasar Pelaksanaan
Syariat Islam) in 2001 and producing books as guidelines for the preachers and
teachers in the Cianjur district to implement Sharia (Man 2010 ). In an effort to
strengthen support from the grassroots/community, LPPI and the supporters of the
formalisation of Sharia, with the support from the district government Cianjur and
together with the MUI, successfully held the first SILMUI on 16 March 2002 in
Building Da’wah by inviting Ulama (Islamic scholars), umaro (government officers),
community leaders, political organisations, community organisations, student
organisations, educational institutions and Islamic NGOs in the Cianjur district.
86
4.2.4 Substantive Idealists
The substantive idealist group comprises NU, Muhammadiyah and MUI. These
organisations take a more moderate stance towards the issue of the implementation of
Islamic Sharia. Muhammadiyah and NU are the oldest and largest Islamic
organisations, with branches spread throughout Indonesia, whereas MUI has always
been associated with the government. They support the presence of Islamic Sharia in
everyday life and believe that its implementation should be done gradually and in
accordance with the local context (Asi 2007b).
4.2.4.1 Muhammadiyah
Muhammadiyah is the second-largest Islamic organisation in Indonesia. It plays a
significant role in Indonesian politics and community development. The organisation
focuses on education, dakwah, social activities and the economy. As an Islamic social
movement, Muhammadiyah has many roles that are not only related to religious
activities, but also to education, welfare, social, economic and political endeavours
(Jurdi 2010). Like NU, the political role of Muhammadiyah is dependent on the
regime. According to Jurdi et al. (Jurdi et al. 2010), its position as a dominant Islamic
movement on cultural activities affects political relations between Muhammadiyah
and political authorities. Muhammadiyah political activity can be divided into three
perspectives. First, the strength of religious doctrine is embodied in the daily lives of
members of Muhammadiyah, bringing about an intertwining of politics and religion.
Second, many Muhammadiyah cadres have been involved in the government since it
was established in 1912, 33 years before Indonesia’s independence. The
Muhammadiyah has prepared its cadres to become bureaucrats. Third, the political
involvement of the cadres has benefited Muhammadiyah in developing the institution
(Jurdi 2010).
The strong connection between Muhammadiyah, the bureaucracy and politics has
made Muhammadiyah one of the most influential organisations in the decisionmaking processes at the national and regional levels, including in the debates about
Perda Sharia. In the two districts of this research—Cianjur and Bulukumba—
Muhammadiyah has also made a significant contribution in discussions regarding the
issues and implementation of Perda Sharia. This organisation supports the
implementation of Perda Sharia. In Bulukumba, some members of Muhammadiyah
87
are also members of KPPSI, such as Siradjuddin, the Chairman of Muhammadiyah,
who became the Deputy Head of the Advisory Board of KPPSI (wakil Dewan Syuro
KPPSI). Thus, among its members, there are some who share the same aspirations as
the KPPSI to obtain special autonomy for South Sulawesi (Halim 2005).
Nevertheless, a few Muhammadiyah figures oppose the implementation of Perda
Sharia in Bulukumba, but mostly they did not hold formal positions in the
organisation, such as Mardianto, the Chair of Badan Koordinasi Mubaligh SeIndonesia (BAKOMUBIN: Preachers Coordination Agency of Indonesia) (Surur
2008). The Central Board of Muhammadiyah (PP Muhammadiyah) has not
determined whether its supports or rejects the application of Perda Sharia (Kustiani &
Tempo-interaktif 2006). On several occasions, for instance, Din Syamsudin, the
Chairman of PP Muhammadiyah, stated that the PP Muhammadiyah has not
discussed the issue of the proliferation of Perda Sharia (Kustiani & Tempo-interaktif
2006).
4.2.4.2 NU
In NU, the relationship between the Kyai and their society has always been extremely
close; the society’s affiliation with NU is taken for granted (Turmudi 1996). It is
therefore not surprising that the Kyais’ desires will be followed by the community.
However, regarding the implementation of Perda Sharia, there has been a difference
in policy between the Central Board of NU (PBNU) and its branches in Cianjur and
Bulukumba. The PBNU in Jakarta clearly opposes the implementation of Perda
Sharia in several districts. According to the former chairman of PBNU, Hasyim
Muzadi, Islamic Sharia should exist in the context of civil society, not a nation state;
therefore, the formalisation of Sharia in the form of Perda is not necessary. He also
fears that the formalisation of Islamic Sharia into Perda will only lead to divisions in
the nation (NU-Online 2006). Paradoxically, in districts such as Cianjur and
Bulukumba, NU is one of the prominent supporters of Perda Sharia, although the key
figures of NU in these two districts emphasise that Islamic Sharia should be
implemented comprehensively and gradually.
In Bulukumba and Cianjur, the key figures of NU have important positions. In
Bulukumba, Tjamiruddin, the Head of NU, was also the Head of the Department of
Religious Affairs (Kepala Depag) and then became the Chairman of the MUI in
88
Bulukumba District. Tjamiruddin was actively involved in promoting and producing
the Perda Sharia. He claimed that he drafted the Regulation Perda No. 6/2003 on
Reading the Alqur’an. He was very proud and claimed that the idea to implement
Perda Sharia came from him (Asi 2007a). This is in contrast to Cianjur, where the
former Bupati, who initiated the implementation of Perda Sharia, said that the idea to
implement Perda Sharia came from the community. Nevertheless, in Cianjur, the
Chairman of NU and its key figures also actively promoted the implementation of
Perda syaria and become notable supporting figures. Kyai Abdul Halim, the Head of
MUI Cianjur district, who is commonly known as Ajengan Lim and was close to
former Bupati Wasidi, who initiated Gerbang Marhamah in Cianjur, was a prominent
supporter of Perda Sharia and become the Head of MUI. The current Chairman of
NU, Kyai Chirul Anam, was a Head of KPU (Dinie & Agus 2012). Differing from the
older generation, the younger generations of NU members, some of whom had joined
the PMII,55 opposed the implementation of Perda Sharia and criticised the ‘pro’
policy of the older generation of NU (Focus Group Discussion, Bulukumba, 17 July
2008).
Historically, NU and Muhammadiyah were rivals to developing an influence in the
community. Particularly in the grassroots, there have been conflicts and competitions
among the two organisations. However, in terms of Perda Sharia, the two
organisations have ‘different policies’ in central leadership. NU clearly opposes the
idea of the formalisation of Sharia, while Muhammadiyah has no clearly stated
policy, whereas in Cianjur and Bulukumba, NU and Muhammadiyah have worked
together to support the formalisation of Sharia. This occurred because, as religious
organisations, they do not want to be labelled as less religious. In addition, as the idea
to implement Perda Sharia in these two districts came from the government, these
two organisations did not want to ‘lose the moment’, as it was also considered a way
to accommodate the local government initiative.
55
PMII stands for Pergerakan Mahasiswa Islam Indonesia (the Indonesian Islamic Students Movement). In the
early years of its establishment, PMII was a organisation wing of NU consisting of NU university students.
However, in its development, PMII members not only have a NU background, but many also have a
Muhammadiyah background.
89
4.2.4.3 MUI
MUI acts as an umbrella organisation and embraces the various Islamic movements. It
claims to be an advisor on the implementation of Islamic Sharia. In Cianjur and
Bulukumba, the Head of MUI is the Chairperson of NU. During the implementation
of Gerbang Marhamah in Cianjur, MUI was actively involved as an advisor and
made recommendations. Moreover, MUI initiated the establishment of an institution
to study and develop the implementation of Sharia, named LPPI. Through the LPPI,
MUI conducted research and held discussions, seminars, promotions and activities to
accelerate the implementation of Perda Sharia. In addition, MUI, whose membership
is mostly preachers and which has a network in every sub-district to the village level,
mobilised its members to promote the implementation of Perda Sharia through
pengajian (Islamic learning) in mosques, Musholla (little mosques) and Majlis taklim
(Ajengan Lim, the Chairman of MUI Cianjur, interview, 29 February 2008). In
Bulukumba, the role of MUI was also significant in promoting and initiating the
implementation of Perda Sharia. Tjamiruddin, the Chairman of Department of
Religious affair (Kepala Depag), who then became the chairman of MUI, claimed that
he was the one who initiated the idea of the implementation of Perda Sharia. He
advised Bupati Patabai Pabokori to formalise Sharia into regulations (Kyai
Tjamiruddin, Head of MUI Bulukumba, interviewed 7 June 2008).
Although the Bupati in the two districts, who promoted the implementation of Perda
Sharia, were not re-elected, MUI has continued to promote and support the
implementation of Perda Sharia, although there have been fewer activities and
programs compared to the early stages of its implementation. Recently in Ciajur, MUI
joined with GARIS to demand that the DPRD close restaurants, nightsclubs and cafes
during Ramadan (Harnish & Rasmussen 2011)
MUI has its central office in Jakarta and other branches at the province, regency and
district levels. As it has offices in every district in Indonesia and it derives from the
representatives of Islamic organisations and ulama, MUI has considerable influence
on the decision-making process, especially in Muslim majority districts. For example,
in Bulukumba, the idea of Perda Sharia was discussed in MUI, and the regulations
have been supported by MUI. In Cianjur, MUI has a significant influence in the
implementation of Perda Sharia.
90
It is important to note that in regard to the implementation of Islamic Sharia, NU and
Muhammadiyah agree that its implementation should be done holistically and
gradually in accordance with local culture. However, with regard to the
implementation of Sharia-inspired regional regulations (Perda Sharia) in Cianjur and
Bulukumba, NU and Muhammadiyah agreed with, and supported the idea of, the
formalisation of Islamic Sharia, which was contrary to the decision of the central
boards of NU and Muhammadiyah in Jakarta. This is due to the local politics in these
two districts, which tend to support the formalisation of Islamic Sharia. The role of
the substantive idealists, such as the NU and Muhammadiyah in Cianjur, was to sign
the Muslim declaration in SILMUI, along with 35 Islamic organisations in Cianjur. In
addition, these organisations made supportive recommendations to the government
and the LPPI in Cianjur, but their roles in the formalisation of Sharia were more
passive.
4.3 Islam for Politics or Politics for Islam
By supporting the implementation of Islamic Sharia, pragmatists expect to gain more
electoral support and legitimacy from the Muslim community. This might be referred
to as ‘Islam for politics’ in contrast to ‘politics for Islam’. Pragmatists usually use the
issue of Islamic Sharia to advance their own political interests. Bupati Wasidi is an
example of a pragmatist—an ‘Islam for politics’ figure. However, some pragmatists
are also idealists in that they support Islamic Sharia as an ideal—‘politics for Islam’.
These pragmatists/idealists use politics and their position in the government or the
legislature to advance their long-term objective to implement Sharia and establish an
Islamic state. The former Bupati of Bulukumba, Patabai Pabokori, is an example of a
‘politics for Islam’ figure.
The Pilkada election in Cianjur in 2000 was an example of ‘Islam for politics’, when
Warsidi ran for Bupati in Cianjur. He used the issue of Islamic Sharia in the campaign
and signed a political contract with GARIS, which stated that if he won the election,
he would implement Islamic Sharia in Cianjur. The strategy succeeded in getting him
elected as Bupati. However, in the second election, in 2006, he was defeated by
Tjetjep Mochtar Sholeh, who also used Islamic issues during the election campaign.
91
Despite Perda Sharia having been implemented in Cianjur and Bulukumba, it does
not mean that the supporters’ objectives and missions have been accomplished. For
many supporters, the implementation of Perda Sharia in these two districts was only a
stepping-stone towards the ultimate objective of an Islamic state. For instance, the
KPPSI, with its ideological and historical association with DI/TII, sought to
implement special autonomy for South Sulawesi. As KPPSI was established and has
branches in almost all districts in South Sulawesi, KPPSI has kept campaigning for
district governments to implement Islamic-inspired regional regulations.
4.4 Politics of Nomenclature
According to the former chairman of NU, Hasyim Muzadi (2006), some regulations
on anti maksiat (anti-immoral) behaviour, such as banning gambling and prostitution,
were implemented simply to complement the Kitab Undang-Undang Hukum Pidana
(KUHP: Book of Penal Law). However, by giving the name as Perda Sharia, there
was a risk that such regulations might encourage anti-Islamic sentiment (Hasyim
Muzadi 2006). Similiarly, Jusuf Kalla (in Antara News 2007), the former Vice
President and the former chair of Golkar, argued that regulations banning prostitution,
gambling and alcohol consumption could not be categorised as Perda Sharia. Hidayat
Nurwahid, former Vice Chairman of the People’s Representative Assembly (MPR)
from PKS, stated that the demand to implement Sharia should not refer to Islamic
Law; instead, it should focus on moral enhancement (Bush 2008b).
Hasyim Muzadi and Jusuf Kalla’s opinions illustrate the sensitivity of the issue of
Perda Sharia. It is considered a ‘sacred’ word that evokes memories of the
controversies surrounding the failed attempts to change the Constitution. Given the
division of powers between the central government and district governments, the
district governments that have implemented Sharia-influenced regional regulations
often prefer not to use the word ‘Sharia’ so as not to attract the attention of the central
government.
Slamet Effendi Yusuf, a former Golkar Party politician who is currently a Vice
Chairman of NU, argued that regional regulations should not be regarded as Sharia
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regulations if the regulations do not use Quran or hadith as a source of reference.56
However, there are at least four indications that some regulations could be categorised
as Sharia influenced-regional regulations. First, the regulations are made based on
moral or religious motivation, such as the regulations on prostitution, alcohol
consumption and gambling. Although these types of regulations are common in nonMuslim countries such as Australia, these regulations in Australia were not made
based on religious or moral motivation, but rather to address health and social
problems. Second, regulations are adapted from part of an Islamic ritual, such as
regulation ‘jum’at khusuk’57 (Friday solemn). ‘Sholat jum’at berjamaah’ (conduct
Friday conggregation) is compulsory for all male Muslim adults; however, regulations
banning people to do any activities other than jum’at prayer on Friday has never been
regulated in Islamic jurisprudence. In addition, fasting during Ramadan is compulsory
for all Muslim adults; however, closing cafes and restaurants during the month of
Ramadan has never been regulated in Islamic teaching. Third, regulations enhance
Islamic skills, such as an obligation to read the Qur’an for couples wanting to marry.
In Islam, all Muslims are obligated to study, but not only the Qur’an. Fourth, a
regulation expresses the Islamic symbol, such as a regulation on jilbab or Muslim
clothes for staff government uniforms. However, from these regulations, the most
significant relates to the jilbab, because the jilbab is the most visible symbol of Islam
and has become a core issue in political Islam. This will be discussed further in
Chapter 8.
Some researchers have identified three variants of Perda Sharia: those that seek to
eradicate moral and social problems such as prostitution, drinking alcohol and
gambling;58 those that enforce ritual observances among Muslims, such as reading the
Qur’an, attending Friday prayers and fasting during Ramadan; and those that seek to
govern the way people dress in the public sphere, especially in relation to headveiling for women (Bush 2008b; Candraningrum 2006; Salim, Arskal & Azra 2003b).
56
This statement was delivered during a religious speech (pengajian) on his visit to Melbourne as part of the
‘Safari Ramadan’ program in 2011, which was held by the Special Branch (Cabang Istimewa) of NU Australia–
New Zealand.
57
The regulations on jumat khusuk (Friday solemn) generally prohibit any activities other than Friday prayers or
activities that do not support the solemn atmosphere of the Friday prayer. An example of this regulation is regional
regulation Banjar district No. 08/2005, regional regulation Bima district No. 2/2002 and regional regulation
Tasikmalaya district No. 12/2009.
58
Laws against prostitution, gambling and alcohol consumption operate in many legal systems and are not
particular to Islam. However, the implementation of these Perda is different because the regulations are made
based on religious motivation and using religious justification to express religiosity.
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However, there are still problems related to appropriate terminology due to its politics
of nomenclature. In districts, governments use a variety of nomenclature for three
types of Perda Sharia. In general, the residents (insiders) of these districts are
reluctant to use the term Perda Sharia, especially government officials, because they
are aware that the term ‘Sharia’ is too sensitive, and they understand that religious
matters are not under the authority of district governments. Non-residents (outsiders)
tend to be more flexible. Below, I have categorised the way in which people refer to
Perda Sharia into two groups: orang dalam (insiders) and orang luar (outsiders):59
1. The outsiders who support Perda are usually prepared to use the nomenclature
Perda Sharia and are often in favour of implementation in other districts. These
outsiders include radicals such as Majelis Mujahidin Indonesia and Hizbu Tahrir
Indonesia. However, other outsiders who support Perda Sharia also reluctantly call
it this because they do not want to be seen supporting unconstitutional regulations.
These outsiders include members of Islamic political parties such as PKS, PBB and
PPP. Opponents of these regulations will use Perda Sharia to emphasise their view
that the regulations are in contravention of the Constitution. These outsiders are
usually members of secular organisations and NGOs. Some refer to the regulations
as ‘unconstitutional Perda’ so as to avoid politicisation of Sharia and Islam. This
group is Islamic NGOs.
2. Insiders opposed to the regulations tend to use the term Perda Sharia. Insiders who
support the regulations prefer to avoid ‘Sharia’; instead, they use other names, such
as Perda keagamaan and Perda bernuansa Islam. They do not call it Perda Sharia
because they are aware of the Constitution question.
The distinction between insiders and outsiders is very important because, during the
research, the terms ‘orang luar’ (outsider) and ‘orang sini/orang dalam’
(insider/resident) were often mentioned by the informants when they discussed Perda
Sharia. In addition, the research found that insiders who have made contact with
outsiders, including organisations and NGOs, tend to be more open and critical of
59
Insiders refer to people who reside in the district, whereas outsiders are people who live outside the district, but
who are involved in the politics of Cianjur or Bulukumba.60 There are many terminologies that refer to these
organisations, such as radical groups, fundamentalists or Islamists. For all the difficulties and differences in
terminology, the interesting thing about these organisations is that they are both conservative in their interpretation
of Islam and radical in their methods. For further discussion, see Fealy and Borgu (2005) and Bubalo and Fealy
(2005).
94
Sharia and its implementation in Perda Sharia. The outsiders from formalist Islamic
groups are more open to use Perda Sharia.
The way in which supporters use the term ‘Perda Sharia’ is also different. Those who
support Perda Sharia for idealistic reasons—many of whom are members of Islamic
organisations—prefer Perda Sharia because they believe that if more people use the
term ‘Sharia’, it will be more popular and accepted more easily. There are also
political pragmatists, who often hold positions in the government or legislature, who
are aware of the political and constitutional complexities and sensitivities and will
avoid using the term ‘Perda Sharia’ so as not to jeopardise their position in the
government.
Conclusion
The implementation of perda sharia is only possible because the wide support for the
proponents of sharia, both the pragmatists and ideologists. Pragmatists are those who
have political or economical motives. They have short-term goals. Thus, supporting
the implementation of Perda Sharia is a way to advance their political or economic
agendas, such as to be elected as a Bupati or a member of the DPRD. Conversely,
idealists are people who are motivated by religious commitments and convictions that
it is their obligation as Muslims to implement Sharia. Thus, they are eager to
implement Sharia and Islamic principles. Their agenda is a longer-term goal: to
implement Islamic Sharia comprehensively in Indonesia. The idealists can be divided
into two groups: idealist formalists and idealist substantives. Idealist formalists are
those who have a principle objective to formalise Sharia into regulations, laws and the
constitution, and to promote a more formal and textual Islam. Some of this group
have the long-term objective to establish an Islamic state or a state with a Shariabased constitution. These groups include the KPPSI in Bulukumba, South Sulawesi,
and GARIS in Cianjur, West Java
Idealist substantives are those who want to implement the substance of Islamic
teachings, values and principles. Their objective is to disseminate Islamic teachings
and values as well as to promote their adoption into daily life. The formalisation of
95
Sharia into regulation or law is not their main goal. These groups include NU,
Muhammadiyah and MUI.
Although the supporters have various motives and strategies to implement sharia, they
have broadly similar objectives: to promote and implement sharia comprehensively.
Chapter 5 examines the motives and strategies of the supporters in greater detail.
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Chapter 5: The Utopia Sharia: Ideology, Motives and Methods
… ‘Ideology is not a stagnant or dormant point of reference, but rather it is
constantly developing and evolving’ (Salman 2012, p. 2).
5.1 Introduction
The political changes after the fall of the Suharto regime in May 1998 were not only
marked by the more democratic political atmosphere, but also by the awakening of
the idea of applying Sharia in Indonesia. The idea is mostly based on the aspiration of
some Islamic groups to implement Sharia as a state constitution by inserting the
Jakarta Charter into the Constitution. As discussed in Chapters 1 and 2, the Sharia
debate started in the early days of Indonesian independence. The debate was mainly
about whether to insert the Jakarta Charter into the preamble of the 1945 Constitution.
It was believed that the Jakarta Charter would give a constitutional basis for
upholding Sharia in Indonesia.
Since the fall of Suharto, the idea to implement Sharia has varied from the extreme
and formal to the moderate and substantive. Proponents believe that Indonesia will be
safe and prosperous if it implements Sharia. It is believed that upholding Sharia is an
obligation for all Muslims. The extreme ideal was supported mainly by conservative
and radical Islamic groups.60 These groups include the FPI, HTI and the MMI. These
groups have different forms, but to some extent, they have a similar goal in the
formalisation of Sharia, which led them to the idea of realising an Islamic state, such
as the implementation of Islamic law (Sharia Islamiyyah), the establishment of an
Islamic state (dawlah Islamiyyah) and even of Islamic Caliphate (khalifah Islamiyyah)
in Indonesia.
The moderate and substantive groups sought to have Islamic values and teaching
embedded in everyday life, and the formalisation of Sharia is not their main concern.
60
There are many terminologies that refer to these organisations, such as radical groups, fundamentalists or
Islamists. For all the difficulties and differences in terminology, the interesting thing about these organisations is
that they are both conservative in their interpretation of Islam and radical in their methods. For further discussion,
see Fealy and Borgu (2005) and Bubalo and Fealy (2005).
97
The mainstream and moderate Islamic groups, including the NU, Muhammadiyah and
MUI, mainly support this idea, while other groups are located between the radicals
and the mainstream, including KPPSI, GARIS and LPPI. Their main objective is to
formalise Sharia in the form of regional regulations (peraturan daerah) and to obtain
special autonomy, but they are not necessarily seeking the creation of an Islamic state.
This chapter aims to shed light on the ideology, motives and understanding of the
proponents of the application of Sharia, particularly in relation to their involvement
in, and support of, the implementation of Perda Sharia in Cianjur and Bulukumba.
This chapter also discusses proponents’ ideas regarding democracy, pluralism and
human rights. The discussion is not limited to interviews with members of the
proponent groups in Cianjur and Bulukumba; it also examines the opinions of some
proponent groups outside of Cianjur and Bulukumba.
5.2 Proponents’ Understanding of Sharia
There are various understandings and interpretations of proponents for Sharia. Each
proponent organisation has its own guidelines on the struggle for Sharia, and each
member has a different background with a different understanding of Sharia. For
instance, KPPSI in Makassar, South Sulawesi, which is the main proponent of the
implementation of Sharia in Bulukumba, explained in its guidance book called the
‘Strategi Perjuangan’ (the Strategy of Struggle) that syariat Islam regulates two
things: ibadah mahdlah and muamalah. Ibadah mahdlah are acts of Muslims to bring
them closer to Allah. The acts are sholat, fasting, zakat and haji (pilgrim). Muamalah
are the acts of Muslims to maintain goodness (kemaslahatan) and prevent badness
(kemudharatan) in order to create security and peace in their lives. It includes laws to
regulate the relationships of people in all aspects of life in the community and the
state. It includes family, wealth and commerce, as well as punishment, justice and
Islamic morals (akhlak Islami) (KPPSI 2004). In conclusion, Muamalah mainly
relates to relations among humans, whereas ibadah mahdlah is about the relations
between humans and God. Although KPPSI has a clear concept of Sharia, it does not
have a vision of the means to implement it.
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Further, KPPSI explained that Sharia Islam involves three spheres of life: individual,
family and society-state. KPPSI proposes to implement Sharia Islam in the societystate sphere, which is characterised by three requirements. First, the government must
be led by someone who is commited to implementing Sharia Islam. Second, the state
policy must refer to Islamic values. Third, human civilisation is established on Islamic
morality (Akhlak Islam). KPPSI in South Sulawesi campaigned for special autonomy
in the expectation that there would be greater authority to implement Sharia Islam
more comprehensively by having an Islamic leader, Islamic constitution, law and
policy. Referring to what KPPSI means by spheres of life, it is clear that it implicitly
aspires to establish an Islamic region, but at this stage, it chooses not to specify an
Islamic state, in part because KPPSI is only based in South Sulawesi.
Different from the KPPSI, which interprets Sharia as regulating these two matters, the
LPPI, the local government-established think-tank group of Sharia in Cianjur,
explained in its reference book ‘Basic Format of the Islamic Sharia implementation’
(Format Dasar Pelaksanaan Syari’at Islam di Kabupaten Cianjur) that Sharia Islam
is Islamic teaching in all aspects of life. The ways to implement Sharia Islam follow
four steps: first, Ubudiyah (total submission to Allah), which consists of Aqidah
(Islamic theology), akhlaq (Islamic morals) and ibadah (worship); second, Muamalah
(human interaction), which includes education, da’wah (Islamic missionary),
economy and Amar ma’ruf Nahiy munkar (encourage goodness, forbid badness);
third,
Ahwalusyahsiah
(Family
Law),
which
regulates
Mabarrot
(philanthrophy/charities), Munakahat (marriage) and mawarits (inheritance); fourth,
Siasah Sharia (Politics Law), which is about community, jinayat61 (Islamic criminal
Law) and siasah (Politics) (LPPI 2001). However, the book also states that it is
impossible to implement Islamic criminal Law (Jinayat) in the Indonesian legal
system, which does not accommodate Islamic law; hence, the implementation of
Islamic criminal Law in the districts is not possible. Therefore, to enable district
governments to implement Sharia Islam, they must propose Islamic criminal laws to
the national legislature (DPR-RI) (LPPI 2001).
61
Jinayat is criminal law based on Islamic tradition, and it includes hudud (e.g stealing one time, the right hand
will be cut off).
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5.2.1 Perda Sharia and Human Rights
In this part, I will discuss how the proponents of Sharia think about human rights. The
issue of human rights and Islam is much debated. Some proponents of Sharia argue
that human rights are a part of Western values. As Nadirsyah Hosen (2005) observed,
there are two groups of Muslims—substantives and formalists—in relation to human
rights. Substantives argue that all Islamic values and teachings are compatible with
universal human rights. Conversely, formalists argue that many human rights values
are not compatible with Islamic teachings. As Muslims, they believe that they should
accept human rights only as far as they are in accordance with God’s teachings.
Further, they argue that not all human rights values are automatically applicable to
Muslims because many human rights values are not compatible with Islamic
principles. For example, as discussed in the literature review, in Sharia, sovereignty
belongs to God, while in democracy, it rests with the people. Nunding Ram, the
General Secretary of KPPSI, explains:
We have a different perspective about human rights. Yesterday a friend came
and questioned why should we have to be able to read Qur’an if we want to be
promoted, it is against human rights. However, from an Islamic perspective,
where in this region Muslims are the majority, it will be seen differently. Islam
has high education values. From the human rights’ perspective, it will not be
understood that reading such and such a verse of Qur’an will be valued. They
could not see the responsibility of the leader in Islam. In Islam the leader will be
asked by God ‘where did you lead your people’, therefore a leader in Islam must
be responsible to the people and lead them to become good Muslims, physically
and mentally. Human rights teachings never discuss that; they think that living is
only in the world not in the here after, if their life ends then the problems finish
(Nunding Ram, General Secretary of KPPSI Makassar, interviewed 3 June
2008).
In Islam, human rights are not simply seen as the rights of each individual, but also
how humans recognise and fulfil the rights of God. This is because in Islam, humans
are considered hamba Allah (Abdullah: servant of God), where they have to fulfil
responsibilities to God before they obtain their rights. The responsibility is not only to
themselves, but also to others. For instance, in terms of education, it is not only the
responsibility of each person to educate him or herself, but also to educate other
people. Some verses of the Qur’an state that Muslims are family and should thus help
each other and be responsible for each other. If one is wrong, other Muslims should
remind and advise them. This is clearly stated in surah 103 verse 2–3: ‘Indeed
mankind is in loss. Except for those who have believed and done righteous deeds and
100
advised each other to the truth and advised each other to be patience’ (Dar Qiraat
2010).
Again, Nunding Ram, the General Secretary of KPPSI, explains something of the
complexity of Islam:
Islam provides us with rules from the time we wake up until we sleep again. It
regulates from the individual to the state level. Is there any system in the world
that provides the same? Others do not see this. We could not bring ourselves to
let our brother not be able to read Qur’an, especially not to pray. If they do not
pray, they will go to hell. Could we let our brother go to hell, our child, our
family? Most certainly not! This would be selfish and this is not seen from the
human rights perspective, it is not understood that this life will continue
(Nunding Ram, General Secretary of KPPSI, Makassar, interview 3 June
2012).
Different to the concept of international human rights—that all human beings have
rights—in Islam, the rights mainly belong to God. Humans mainly have
responsibilities to themselves and others. It is not surprising if a Muslim leader like
Nunding Ram feels a responsibility to both himself and to his followers—not only in
this world, but also in the hereafter.
5.2.3 (Religious) Pluralism
We object to pluralism, we do not recognise pluralism, but we recognise
plurality, because we live in it. Many people understand pluralism in the wrong
way. If we implement Islamic Sharia, the minority will be secure and protected
(Nunding Ram, Sekjen KPPSI Makassar).
In July 2005, MUI issued a fatwa on religious pluralism, religious liberalism and
religious secularism. MUI define religious pluralism as a notion that teaches that all
religions are equal; hence, the truth of each religion is relative and every religion
should not claim that it is the only religion that is right while other religions are
wrong. Religious pluralism also teaches that all religions will live side by side in
heaven (Mashadi 2005). Religious liberalism is a way to understand the religious texts
(Qur’an and Sunnah) using a free mind, and to only accept religious doctrines that are
rational and in accordance with the mind alone. In MUI’s view, religious secularism
is to separate religion from the affairs of the world. Religion is only used to set up a
personal relationship with God, while human relationships are governed only by
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virtue of the social agreement (Mashadi 2005), while religious plurality is the fact that
different religions live side by side in certain countries or regions.Based on these
definitions, MUI stated that religious pluralism, secularism and liberalism are
contrary to the teachings of Islam. Thus, Muslims are forbidden to follow religious
pluralism, secularism and liberalism. On the issue of aqidah (belief in the unity of
God) and worship, Muslims will be exclusive, and it is unlawful and forbidden to mix
the aqidah and worship of Muslims with other religious faiths (MUI 2005). This
fatwa, which is commonly known as a fatwa on ‘sipilis’ (sekularisme islam,
pluralisme islam, liberalisme islam), caused much debate among Indonesian Muslims.
Syphilis is the name of an insidious disease that is considered by the people of
Indonesia to be caused by dirty and deviant sexual behaviour. Syphilis is used as an
acronym for Islamic secularism, Islamic pluralism, Islamic liberalism. The proponents
of the fatwa use it as an attempt to give a negative connotation to the three schools
mentioned above and to associate them as something that is deviant and dangerous.
5.3 Ideology: Utopia Sharia
The explanations of Sharia by LPPI and KPPSI were adapted from fiqh (Islamic
jurisprudence), which applies to all Muslims and should be applied personally.
However, the implementation of Sharia regulations indicates that there is uniformity
in implementation, which requires the teaching of Islam to be applied in accordance
with each district government’s regulations, thus ignoring differences in interpretation
by ulama. Given the plurality of Islam in Indonesia, the risk with a single
interpretation by the government is that it will result in increasing violence in the
name of religion by groups that take refuge under the government’s authority as a
consequence of a single interpretation of Islamic teachings made by the government.
In addition, it will result in coercion in carrying out the Islamic teaching, which is not
recommended in Islam, because practicing the religion depends on each individual’s
capability, although all Muslims are obligated to study it. It could also result in the
proliferation of false fatwas (Fatwa sesat) against groups or individuals who
implement Islamic teachings that are not consistent with the government’s
interpretation. Lastly, differences in the application of Islamic teachings by district
governments in the form of Perda Sharia could lead to the emergence of regional
fanaticism.
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From the above explanation, it is obvious that there are numerous understandings
among proponents of Sharia. However, even if their understanding of Sharia Islam is
different, they share a broad agenda to implement Sharia Islam. The implementation
of Perda Sharia in the districts is a stepping-stone to implementing Sharia at the
provincial and national levels. Like other proponents, the goal of KPPSI62 is to
implement Sharia Islam comprehensively in all regions of Indonesia, including
establishing an Islamic state. Discourse about an Islamic state is a sensitive matter
among proponents, especially since campaigns for Sharia Islam have not been
successful at the national level. Proponent groups realise that advocacy of an Islamic
state will create great controversy and endanger their agenda. As Hasan (2007)
observed, the current strategy for the comprehensive implementation of Islamic
Sharia has gradually shifted towards campaigning for Sharia from below. The
objective of an Islamic state is not mentioned; instead, they propose to implement
Islamic values in all aspects of life in order to make their goal easier to reach and not
readily recognisable as an effort to implement Sharia as the basis of the Constitution.
Some interviews with the proponents of Sharia indicate that they are committed to
implementing Sharia as the basis of the Constitution if there is a chance, although
they are reluctant to say so openly. For example, Nunding Ram, the Secretary General
of KPPSI, expressed ambivalence to establishing an Islamic state as KPPSI’s
objective:
We never want to establish an Islamic state in our country. The most important
thing are the rules, Islam comprehensively (Islam secara kaffah). 63 As an
individual, I am a good Muslim and I implement Islamic Sharia in my family.
Islam is very broad, for example, economic prosperity is good because there is
no excessive interest (riba), the environment is free from wickedness
(kemaksiatan) and sexual acts outside of marriage (perzinahan). The populace
are prosperous and there are no beggars. However, let’s say, in order that
there are no beggars, for instance, the government must guarantee that (we)
implement zakat. 64 Zakat is not only for Muslims but for all the populace,
besides (we) must have good education (Nunding Ram, General Secretary of
KPPSI, Makassar, interviewed 3 June 2012).
62
According to Mempi and Abduh (2007), the goal of KPPSI explicitly is to prepare for establishing Sharia Islam
by exploiting the Regional Autonomy Laws. Implicitly, the goal is to continue the struggle for DI through
democratic constitutional means.
63
Islam secara kaffah means implementing Islamic values and teachings in all the aspects of life, including
establishing an Islamic constitution and then an Islamic state.
64
Zakat is the obligation on every Muslim to give away a portion of his or her wealth to the poor and the needy
each year; there are two kinds of zakat: zakat fitrah and zakat maal.
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Most proponents were reluctant to say explicitly that their aim is to establish an
Islamic state because the Indonesian constitution does not allow it. However, in the
organisations’ vision and mission statements, and during our interviews, they stated
that they wanted to have Islamic Law, Islamic policy and Islamic government.
Establishing an Islamic state remains their long-term objective and it has become their
hidden agenda. Proponents always try to find an opportunity and a possibility to
implement Sharia as a step towards an Islamic state in Indonesia. The fact that a
growing number of districts have implemented Sharia-inspired regulation and none of
the regulations have been annulled by the central government suggests that this
strategy has been successful and Perda Sharia has advanced the cause of an Islamic
state in Indonesia. In addition, the mushrooming of organisations using the name of
Islam and engaging in violent activities in the name of Islam indicates that the agenda
of an Islamic state is becoming more popular and widely supported. The confidence
of the proponents of Sharia has grown.
5.4 Strategies and Methods
As discussed in Chapters 3 and 4, the proponents of Sharia have endeavoured to adapt
strategies to fit with evolving political and cultural conditions. The strategies include
lobbying, advocacy and the politics of nomenclature. For instance, the
implementation of Regional Autonomy Laws has provided an opportunity for district
governments to enact regulations. This opportunity has been utilised by proponent
groups to advance their agenda to implement Sharia. That is, regional autonomy has
enabled the supporting groups to implement Perda Sharia through advocacy and
lobbying district governments. Moreover, if the political situation benefits them, they
will advance their objective to implement Sharia at the provincial and national levels.
One of the informants explained that:
In order to establish Islamic Sharia in Cianjur district under the Unitary State
of the Republic of Indonesia, (we) implement Gerbang Marhamah (Gerakan
Pembangunan Masyarakat Berakhlakul Karimah: the Development Movement
for a Good Moral society) … however, in the future, it might not be beyond the
realm of the possibility that Sharia Islam is implemented in Indonesia, because
Sharia Islam is the most perfect moral code made by Allah for all humans
(Mustofa, Secretary of MUI, Cianjur, interviewed 21 March 2008).
Given that Indonesia does not have an Islamic constitution, and considering that the
political conditions only enable proponents of Perda Sharia to implement a small part
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of Sharia as regional regulations, they used this opportunity to implement regulations;
for instance, Gerbang Marhamah in Cianjur focuses only on moral issues. Although
they are only able to implement a small part of Sharia, they used the opportunity to
socialise and promote Sharia Islam, so the community became familiar with Sharia
practices. By implementing Perda Sharia in the district, they introduced and educated
the community with part of Islamic Sharia’s values and teaching. For instance, the
implementation of Gerbang Marhamah, according to Mustofa, the Secretary of MUI,
is part of the educational process for the community to understand more about Sharia.
Hence, in the regulation, there is no legal punishment or sanction. However, after the
educational process has been conducted and the community understands about Sharia,
then Sharia will be implemented comprehensively, and at this stage, sanction and
punishment will be incorporated into the regulation (Mustofa, Secretary of MUI,
Cianjur, interviewed 21 March 2008).
Abubakar Ba’ashir (Ba’asyir 2007a), former leader of Majelis Mujahidin Indonesia,
argued that Perda Sharia is one of the ways to formalise Sharia Islam in Indonesia if
establishing an Islamic state is not possible. Other proponents believe that if more
regions implement Perda Sharia, then the possibility of implementing Sharia Islam on
a provincial or national level and then establishing an Islamic state will be easier.
However, other proponents consider that under the national constitution, it is not easy
to implement Sharia; therefore, they are using strategies such as using terms other
than ‘Sharia Islam’ for district regulations (Ambo Tang, Department of Religious
Affairs, Bulukumba, interviewed 16 June 2008). For instance, Cianjur used ‘Gerbang
Marhamah’ as the name for Sharia-inspired regulations, and Bulukumba called the
regulation an ‘Islamic-nuanced regulation’ (Perda bernuansa keagamaan) to give the
impression that the regulation is not based on Sharia. However, the meaning they
want to convey with this expression is that they desire to create a more religious
environment. Mustofa, one of the leaders of the MUI in Cianjur, explained that:
This is the Unitary State of the Republic of Indonesia (NKRI), thus all of the
regulations and laws must not separate us from the unitary state. Actually,
some regulations may be under regional autonomy; however, religion affairs
are still regulated by national laws. Cianjur wants to establish Islamic Sharia
under the nomenclature ‘Gerbang Marhamah’ (because) in fact, we are not
able to implement Islamic Sharia legally (Mustofa, MUI Cianjur, interviewed
21 March 2008).
105
As discussed in Chapter 3, Mustofa considers that NKRI is the final form of
Indonesian state. Thus, Gerbang Marhamah is a way to accommodate Sharia
regulations within the Indonesian state as it is presently constituted. In addition,
proponents are aware that they have to abide by the national constitution, which
implies that there will be little possibility to implement Sharia. However, as Muslims,
proponents believe that Islam is the most perfect and complete religion with its laws.
They also believe that it is their obligation to disseminate Islam and uphold Sharia,
which makes them always eager to have Islam implemented in daily life and
accommodated by the state. They are optimistic that there will be a chance to
implement Islamic Sharia, particularly after the central government issued laws
related to Islam:
Personally, I want the implementation of (Islamic) laws to be comprehensive,
not partial. I am sure that it will be possible that all Islamic regulations and
law will be accommodated in national laws, especially since the government
already has legislated for religious courts, Zakat and the hajj (Mustofa, MUI
Cianjur, interviewed 21 March 2008).
Proponents’ aspirations to have Islam imbued in daily life and accommodated by the
government in regulations, laws and even in the Constitution are often contrary to
their arguments regarding the implementation of Perda Sharia in the districts.
Although they are optimistic that the government will eventually accommodate Islam
in the Constitution, they are always reluctant to acknowledge that their district has
already been implementing Sharia-influenced regulation, Perda Sharia, particularly as
many of the proponents are government staff members. Andi Mahrus, the assistant
Bupati in Bulukumba, expressed it thus:
We never made regional regulations about Islamic Sharia in Bulukumba and
no one is able to do so. What we implemented were Islamic-nuanced regional
regulations relating to Muslim clothes, Muslim attitudes and behaviour that
needed to be done first. Is there a district foolhardy enough to implement
Islamic Sharia? What would be the significance of a regulation compared with
the Quran and Hadits (Andi Mahrus, Bupati Assistant Bulukumba, interviewed
10 June 2008).
This argument is common among proponents. They are reluctant to acknowledge that
their district has implemented Perda Sharia and endeavour to argue that their district
government has been implementing regulations under another nomenclature such as
Perda bernuansa agama (religiously nuanced regulation). However, they cannot
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explain clearly what they mean by Perda bernuansa agama and Perda Sharia. Andi
Mahrus explains the approach:
Actually, Islamic-nuanced regional regulation also incorporates Sharia values.
However, (when we made the regulation) we did not emphasize the Sharia
inspiration, but rather we prefer to focus on Islamic values such as hospitality
to guests, dressing so that the ‘aurat’ is appropriately covered in accordance
with Islamic teaching and Islamic values. Socialising with good manners
without getting drunk, not disturbing other Muslims or other people also
involves Islamic behaviour as it is taught in Islam, and Islamic Sharia teaches
about that, does it not? … so, our primary aim is to create a situation and an
Islamic mode of behaviour so that everyone feels safe (Andi Mahrus, Bupati
Assistant Bulukumba, interview 10 June 2008).
It is obviously difficult to distinguish between Islamic Sharia-based, Shariainfluenced and Islamic-nuanced regional regulations because the understanding of
proponents about Sharia is not clear, as Andi Mahrus recounted:
The difference between Islamic Sharia-based Regional regulation (Perda
Sharia) and the Islamic-nuanced regional regulation (Perda bernuansa
Sharia) is that Perda Sharia relates to the laws of fiqh,65 which means that we
do not need to regulate those matters that have been regulated by Al Quran
and hadits. What we need to do is to make regulations with Islamic nuances in
order to make the community aware that they are Muslims and behaves as
Muslims (Andi Mahrus, Bupati Assistant Bulukumba, interview 10 June 2008).
This suggests that the debate about the meaning and content of Sharia Islam has not
yet finished. As Hooker and Lindsey (Hooker, M & Lindsey 2002) argue, the
definition and content of Sharia are very diverse, depending on the interests and
agendas of those involved. Moreover, the result is usually an unbalanced and
incomplete definition motivated by established ideological or political positions.
Proponents then take advantage of this condition as a strategy to avoid using the term
‘Sharia’ in the regional regulation (Perda), even when its content relates to Sharia.
This could be because they consider it against the state Constitution (UUD 45 &
Pancasila) and Laws No. 22 and 25/1999 about regional autonomy; that is, the central
government retains responsibility for religious matters. In addition, it is very risky for
their struggle because it will attract a response from the opponents of Sharia and the
government. I would argue that their strategy (not using Sharia as a name of Perda) is
successful, as there have been no cases where the Minister of Internal Affairs has
annulled Sharia-influenced Perda. First, the issue of Sharia Islam is a very sensitive
65
Originally, understanding, knowledge, comprehension; technically, it refers to the science of Islamic
jurisprudence.
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issue; hence, the government would take into consideration every decision related to
Sharia Islam. Second, the districts that implement Perda Sharia are not working
alone, but have developed networks with districts and Islamic groups. Third, the
implementation of Perda Sharia is the result of a long political process, where
proponents always take into consideration the local culture, the number of proponents
and the resistance of opponents. Further, during the political process of Perda Sharia,
proponents always follow the rules of the decision-making process in the local
government. That is, proponents have followed the democratic processes of district
governments.
5.5 Methods
As explained above, the government is always very careful and takes into
consideration every decision related to Sharia Islam because the struggle to
implement Sharia Islam in modern Indonesia has involved long and bitter debates, as
explained in Chapters 1 and 2, particularly because it would involve legislation and
constitutional change. Further, the districts that want to implement Perda Sharia
usually do a comparative study to other districts that have implemented it to learn the
process of doing so, to understand the content and to obtain support from those
districts. Indeed, some districts copy the regulations from other districts (Patabai,
former Bupati of Bulukumba, interviewed 16 July 2008).
Implementation of Sharia can either be through political and constitutional means in
parliament, or culturally through dakwah (Islamic Propagation). As Ahmad, a
member of KPPSI, related:
The application of Sharia in Indonesia can be done in two ways: constitutional
and traditional: Constitutional change through the government and
parliament, or traditionally through dakwah—educating people (Ahmad,
member of KPPSI, interview 9 June 2008).
As discussed in Chapter 4, KPPSI, as the prominent proponent of Sharia in South
Sulawesi, including Bulukumba, has campaigned for Special Autonomy like in Aceh
to enable the implementation of Sharia throughout South Sulawesi. However, after
several efforts, KPPSI did not receive strong support from the province. KPPSI
shifted its strategy to not only urge for formal ways such as Special Autonomy, but
also for cultural ways, such as education, dakwah (Islamic propagation/missionary)
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and advocacy by approaching and persuading the district government to implement
Sharia.
5.6 Reasons and the Motives
Perda Sharia is a contemporary phenomenon that not only reflects the changing
strategies of proponents of Sharia Islam in Indonesia, given that the struggle at the
national level has always failed, but more importantly, it is also a response of
proponents of Sharia to three macro factors. The first is how proponents have
understood the monetary crisis (krismon) in 1997 and the seemingly endless natural
disasters that have occurred. The second is the resignation of President Suharto and
the ushering in of the reformation era that has opened a new opportunity for
proponents of Sharia to campaign for the implementation of Sharia Islam, particularly
after the central government passed the Regional Autonomy Laws. The third factor is
proponents’ dissatisfaction with the Indonesian legal system, which, according to
them, is secular and inappropriate for Indonesian social and cultural norms.
Economic crisis in Indonesia, particularly in Cianjur district could have been
resolved quickly if all sorts of measures related to community development
reflected Islamic norms … this crisis happened because we abandoned Islam
(Mustofa, MUI Cianjur, interviewed, 21 March 2008).
Monetary Crisis
The Indonesian monetary crisis of 1997–1998 was one of several triggers that made
proponents very eager to implement Perda Sharia. The economic crisis crippled
Indonesia’s economy and led to political instability and chaos, which eventually led to
the fall of Suharto in 1998. According to proponents of Perda Sharia, the monetary
crisis, which was a snowball effect of the economic crisis in Asia, could hit Indonesia
because Indonesia did not use an Islamic economic system. They believed that if
Indonesia had implemented an Islamic economy system, the global monetary crisis
would not have affected Indonesia. The main characteristic of the Islamic financial
system is an absolute prohibition of paying and receiving interest. Islamic Law rejects
the concept of a predetermined interest rate but permits an uncertain rate of return
based on trade and profits. Thus, banks in an Islamic economy can strictly operate
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only on some type of profit and loss sharing basis, but not on the payment of interest66
(Khan, MS & Mirakhor 1989). However, the finance system in Indonesia is not
Islamic, which some Ulama considered riba (usury) and forbidden in Islam. Thus,
many proponents of Sharia believe that Indonesia was ‘punished’ with a monetary
crisis. Proponents argued that problems, disasters and crises in Indonesia were caused
by Indonesia not having implemented Sharia Islam. They believe that implementing
[Perda] Sharia is the Muslim duty; if not, God will punish them in the form of
neverending crises and problems.
Natural Dissaster
The ways in which natural disasters have been understood are very important factors
to motivate proponents to implement Perda Sharia. They believe that the natural
disasters that often occur in Indonesia are a warning from God because Indonesia,
with a Muslim majority, is not implementing Sharia Islam. They believe that if
Indonesia implements Sharia Islam, it will be safer and more secure. Their belief is
based on the Qur’an and Islamic teachings. The Qur’an states that Allah will punish
people and countries that deny Allah and Islam, such as stated in Qur’an surah 2 verse
61: ‘and they were covered with humiliation and poverty and returned with anger
from Allah. That was because they [repeatedly] disbelieved in the sign of Allah …
that was because they disobeyed and were [habitually] transgressing’ (Dar Qiraat
2010). This verse of the Qur’an is understood by Cep Hemawan, the Head of GARIS
in Cianjur:
The solution to overcome disaster is only iman (faith/belief) and taqwa
(devoution). If the (Indonesian) population believe and is devout to Allah,
Allah will give them Rahmah (mercy) and Barakah (blessing). If not, Allah will
punish them. When Allah gives punishment, He will not choose whether they
are devout or not devout Muslim people. And I do not want punishment come
to us. Actually Allah only wants small things from Indonesians, only faith and
devotion, and implementing Sharia Islam is the only solution (Cep Hemawan,
Head of GARIS Cianjur, interviewed 13 May 2008).
Proponents blamed the secular political and economic system in Indonesia for causing
the crisis. Thus, they campaigned for the alternative system of Islam, which they
believed would save the country from disasters. The financial crisis and natural
66
For a further explanation of the Islamic economy/financial system, read Lindsay (Lindsey, Tim 2012), Khan
(Khan, F 2010), (Beng Soon & Ming-Hua 2009), Kamla (Kamla 2009), Karim (Karim 2010) and Rudnyckyj
(Rudnyckyj 2009).
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disasters became the justification for a campaign for the formalisation of Sharia. In
addition, the prevalence of corruption and the emergence of social and moral
problems during the Suharto era created a desire to maintain Islamic culture and
identity and to revive the achievements of Islamic kingdoms in Indonesia.
Corruption
Corruption is an issue for the advocates of Sharia. As Indonesia is not implementing
Sharia Islam, which is God’s law, the people and especially the government are not
afraid of punishment, because it is human punishment rather than God’s punishment;
even those who wield the punishment are human. There are at least two reasons why
punishment based on Sharia is more powerful than punishment based on secular law,
as implemented in Indonesia. The first reason is that the majority of the Indonesian
population is Muslim; if they are Muslim, they must believe in God and God’s rule.
Corruption is an act that is against God’s rule and is considered a sin; thus, those
involved in it will be punished in the hereafter. The second reason is that punishment
based on Sharia law, if compared with secular law, will be more coercive. For
instance, the punishment for criminal acts is known as ‘jinayat’67—‘hudud’68, or
cutting off the hand,69 which will have a greater deterrence (Nunding Ram, General
Secretary of KPPSI, Makassar, interviewed 3 June 2008).
Disadvantage of being Muslim
The bitter experience of Muslims in Indonesia also motivates proponents to
implement Sharia Islam. As Suryadinata (Suryadinata 1998) argued, Indonesian
politics has been characterised by the struggle between two political cultures:
abangan and santri. The abangan culture is reflected in the form of the Pancasila
ideology, while santri culture has been manifested in the form of political Islam. The
abangan group has mostly won the struggle to dominate the government and the
policy-making process. However, Suryadinata’s argument is not fully relevant to the
current political situation because the struggle is not only between abangan and
67
Jinayat is criminal law based on Islamic tradition, it includes hudud.
Hudud is a term that is often used in Islamic literature for the specific punishment for certain major crimes
mentioned in the Quran such as adultery or fornication, theft, consumption of alcohol and apostacy. See An-Na’im
(1992) and Goodale (2009).
69
This punishment has been broadly implemented in Islamic states such as Saudi Arabia and Afghanistan, which
have implemented Sharia law. However, the punishment of hand cutting generally applies for theft rather than
corruption.
68
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santri, but also between radical and conservative Muslims versus moderate Muslims
and nationalists. (Fealy 2005). According to proponents of Sharia, many government
policies are discriminatory and do not treat Muslims properly as the majority
population. Their claim is based on the fact that the economy in Indonesia is
controlled by Indonesian Chinese rather than the Muslim Indonesian majority (Cep
Hemawan, Head of GARIS Cianjur, interviewed 13 May 2008).
Degradation of Islamic Character
Proponents of Perda Sharia presume that the Islamic character and identity of
Indonesia is being threatened by its exposure to outside influences, especially as
Indonesia has adopted secular and western law rather than Islamic law, which is not in
accordance with the local culture. However, according to Hooker and Lindsey
(Hooker, M & Lindsey 2002), proponents prefer to adopt a treaty madina, which is
also from outside local law, such as ‘Undang-undang Malaka’, which was established
in the era of Islamic kingdoms. The motivation of proponents is discussed below.
Romanticising the Achievements of Islam
The experience of having Islamic kingdoms before colonial domination is a source of
inspiration for proponents of Sharia. The implementation of Sharia is a form of
reviving the romanticism of the achievements of Islam. Proponents wish to implement
Sharia Islam because Indonesia once had large Islamic kingdoms and Islamic Law
had been abolished when these kingdoms were absorbed into the Netherlands Indies.
In the book ‘Journey of Gerbang Marhamah stage I’, 2001–2005, (Perjalanan
Gerbang Marhamah tahap I periode 2001–2005) published by LPPI, it was explained
that Islam was brought to Cianjur by a preacher (juru da’wah) from the Sultanate of
Banten (Kesultanan Banten) and by the first Bupati; hence, Cianjur became an
Islamic community and has the spirit to implement Sharia Islam (LPPI 2005). This
spirit was demonstrated by the 1810 rebellion against the Netherlands Indies
government, which was led by Alit Prawitasari (LPPI 2005). There was also a
Sultante established in Bulukumba. The General Secretary of KPPSI and the head of
MUI Bulukumba believe that the historical roots of Islamic Sharia were to the found
in the three great Islamic kingdoms of South Sulawesi, namely: Bulu, Bone and
Gowa. The belief that Sharia law had been implemented in these Islamic kingdoms
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was used to support the KPPSI campaign for sharia. The implementation of Perda
Sharia is a way for proponents to ‘revisit’ the glorious days of these three kingdoms.
In addition, as mentioned in Chapter 4, proponents observed that Aceh, commonly
known as serambi mekkah (the Veranda of Mecca) with a similar pre-colonial history
of great Islamic kingdoms as South Sulawesi, which itself is also known as serambi
madinah (Veranda of Medina), has been granted Special Autonomy, which enables
Aceh to implement Sharia (qonun).
Maintaining the Islamic Culture and Identity in their Region
As explained in the book ‘Basic Format of the Implementation of Islamic Sharia in
Cianjur (Format Dasar Pelaksanaan Syari’at Islam di Kabupaten Cianjur) published
by LPPI, the Cianjur people are very religious, devoted to Islamic principles and have
established many Islamic Boarding Schools (pesantren). Cianjur has become well
known as a city of devout Muslim students (kota/tatar santri) (LPPI 2001). However,
it has also become a transit region between Jakarta and Bandung. One region in
Cianjur, Cipanas, is famous as a place for illegal contract marriages (nikah Mut’ah)
and prostitution (Astro & Trisna 2003; Rahima 2009). Proponents of Perda Sharia
assert that the Islamic character and identity of Cianjur is being threatened by its
exposure to outside influences. Perda Sharia, according to its proponents, will
maintain and strengthen the Islamic culture and identity. Similar views are also
evident in Bulukumba. As explained by Pabokori (Andis 2004), the religious
environment and Islamic character of Bulukumba is very strong, especially when
Waliullah Al Mukarram Khatib Bungsu, well known as Dato’ Tiro, arrived in
Bulukumba. Nunding Ram, the General Secretary of KPPSI, explains:
One of the basic principles in the South Sulawesi culture is: ‘Patuppu iri ade’e,
pasanrae iri Sara’e’ meaning that everything must be based on customary law,
which is culture and legitimised by Islamic law. Islamic law here is Shariabased regional regulation (Perda Sharia) … historically and culturally it is
Islam (Nunding Ram, General Secretary of KPPSI, Makassar, interviewed 3
June 2012).
However, according to some informants, since information technology and TV came
to Bulukumba, the Islamic culture and traditions, such as reading the Qur’an have
become less common. The implementation of Perda Sharia is a way to uphold the
culture, which is genuinely Islamic.
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Muslims are the Majority
Being the majority population in Indonesia also becomes the justification for Muslims
to argue for the implementation of Sharia. Proponents consider that it is their right to
implement Perda Sharia, particularly since the demand does not only come from one
region, but many districts spread throughout Indonesia with Muslim majority
populations. Thus, the argument and justification of proponents is that Sharia is a
demand from below, and thus the implementation of Perda Sharia is democratic.
National Legal System is Out of Date
Proponents argue that the Indonesian national legal system is no longer relevant to the
social and cultural context, so that the law is not working effectively. Since the
Indonesian national legal system was inherited from the Dutch Napoleonic legal
system developed in the early nineteenth century, Sharia proponents argue that it is
not relevant in the contemporary context. Nunding Ram, the General Secretary of
KPPSI, asserts that because the law was adopted from the Dutch more than 350 years
ago, while the social conditions have changed, the values of the Islamic community
have developed, so a disjuncture has emerged [between the national legal system and
Muslim society] (Nunding Ram, General Secretary of KPPSI, Makassar, interviewed
3 June 2012). Given that the national legal system has become out-dated and is
contrary to local cultures and values, it is not working effectively. Thus, according to
proponents, it is hardly surprising if corruption and criminal acts often occur, as the
penal code conflicts with social conditions. The penal code was adapted from Western
values, while Indonesia is an Eastern society with a majority Muslim population. To
make it effective, the penal code must refer to Islam, because it is the guidance for the
majority of Indonesians. Moreover, if the penal code refers to Islam, it means that the
law maker is God, so it will have more coercive power. Nunding Ram provides an
example:
According to the Criminal Code (KUHP), if someone commits adultery, on the
basis of consent, there will be no penalty. According to local indigenous
culture, if someone commits adultery, they will be killed, why? Because, if left
unchecked, this will cause natural disasters, crop failures and destroy the
environment. Whereas, in Islam, the adulterer will be stoned. They are
differences (between local culture and Islam) but at least they have a similar
harsh sanction for those who violate moral principles. The Criminal Code
(KUHP) is based on Western Law and is very loose. This has created a legal
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dualism between the Criminal Code (KUHP) and local culture. I mean that if
someone commits adultery or a woman is abducted, if apprehended, the person
would be killed, according to local culture, but this would be offence under the
KUHP. There has to be consistency between anthropological justice and the
law (Nunding Ram, General Secretary of KPPSI, Makassar, interviewed 3 June
2012).
As elaborated previously, the essence of proponents’ argument is that Indonesia’s
secular economic, legal and political system is responsible for crises, economic and
political failures as well as natural disasters. Thus, proponents advocate the alternative
Islamic system.
Conclusion
The proponents, although they have broadly similar objectives: to promote and
implement sharia comprehensively, they have various understandings and
interpretations of Sharia. Each proponent organisation has its own guidelines on the
struggle for Sharia, and each member has a different background with a different
understanding of Sharia. Despite the differences in approach and understandings
among the proponents of Sharia, they share a broad agenda to implement Sharia
Islam.
The proponents believe that the implementation of Perda Sharia in the districts is a
stepping-stone to implementing Sharia at the provincial and national levels. The
current strategy for the comprehensive implementation of Islamic Sharia has
gradually shifted towards campaigning for Sharia from below. Some proponents of
Sharia indicate that they are committed to implementing Sharia as the basis of the
Constitution if there is a chance, although they are reluctant to say so openly.
The struggle of proponents to implement Sharia is also a response to three macro
factors. The first is how the proponents have understood the monetary crisis (krismon)
in 1997 and the seemingly endless natural disasters that have occurred as a
punishment from God because, as a Muslim majority country, Indonesia is not
governed in an Islamic way. The second is the resignation of President Suharto and
the ushering in of the reformation era that has created a new opportunity for
proponents of Sharia to campaign for the implementation of Sharia Islam, particularly
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after the central government passed the Regional Autonomy Laws. The third factor is
proponents’ dissatisfaction with the Indonesian legal system, which, according to
them, is secular and inappropriate for Indonesian social and cultural norms.
The proponents of Sharia have endeavoured to adapt strategies to fit with evolving
political and cultural conditions. The strategies include lobbying, advocacy and the
politics of nomenclature. Given that Indonesia does not have an Islamic constitution,
and considering that the political conditions only enable proponents of Perda Sharia
to implement a small part of Sharia as regional regulations, they used this opportunity
to implement regulations. Perda Sharia is one of the ways to formalise Sharia Islam in
Indonesia if establishing an Islamic state is not possible. However, other proponents
consider that under the national constitution, it is not easy to implement Sharia;
therefore, they are using strategies such as using terms other than ‘Sharia Islam’ for
district regulations. Chapter 6 examines the strategies of proponents to implement
sharia in greater depth.
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Chapter 6: Behind the Scenes: The Election and the Strategy to
Implement Sharia
6.1 Introduction
This chapter will deal with the question of how the issues of Sharia have been used in
the district-head (Bupati) elections and whether the strategies of the candidates to
promote and implement Sharia have benefited the candidates. To address these
questions, the chapter will begin with an explanation of the district-head elections, the
changes to the election system and its consequences. The third part will examine the
use of Sharia as a campaign issue during the district-head elections. In this part, the
two elections for the district-head in Cianjur and Bulukumba will be analysed,
including the strategies that have been used by the candidates and proponents of
Sharia, and whether the elected Bupati implemented Sharia. The last section will
analyse whether the issues of Sharia have benefited the candidates during the election
campaign.
6.2 Changes in the Electoral System
The district-head elections70 have been one aspect of Indonesia’s transformation from
an authoritarian system to a more democratic one. There are at least three phases in
the evolution of the district-head elections. The first phase was under the authoritarian
and centralised Suharto government, when the Bupati was elected by the DPRD, in
which there were also representatives of the army (ABRI). Based on Law No. 5/1974,
the eligible candidates for Bupati needed experience in the government at echelon II,
such as sekwilda (secretary of district government) or as lieutenant colonel in the
army (Eko 2004, p. 281). However, the elected candidate would not automatically
become the Bupati until gaining a ‘restu’ (approval) from the military, the Ministry of
Home Affairs and President Suharto. Further, in some cases, during the Suharto era,
the central government had the authority to appoint someone to become a Bupati (Eko
70
In Indonesia, the election for the district-head (Bupati) is commonly known as ‘pemilihan Bupati’, the acronym
of ‘Pilbup’ or pemilihan kepala Daerah (Pilkada). However, the term ‘Pilkada’ does not only refer to the election
of Bupati, but also to elections for any regional head (kepala daerah), including Gubernur (Governor: the province
head) and walikota (Mayor: the municipality head). More importantly, the Pilkada commonly refers more to the
direct elections for regional heads of government, which were introduced by Law No. 32/2004 and which replaced
the election of regional heads of government by regional parliaments (DPRDs).
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2004). It is clear that during the Suharto era, despite the Bupatis having been elected
and appointed by the DPRD, in reality, they had been chosen by the Ministry of
Home Affairs, and the DPRD merely approved the choices that had been made by the
central government (Erb & Sulistiyanto 2009b, p. 19)
The second phase was in the reformation era, after Suharto’s resignation as president
in 1998, when Indonesia was able to hold the first ‘free and fair’ election in 1999 to
elect new members of the local and national legislatures and to install a new president
and new regional heads (Erb & Sulistiyanto 2009b, p. 3). Following the 1999
elections, the local legislatures (DPRD) had the real power to choose the district-head.
This was meant to be a positive development; however, in reality it gave the DPRD
tremendous power and authority, which, to some extent, could endanger the
development of democracy through the influence of ‘money politics’. In many cases,
the candidates for the district-heads (Bupati) paid members of DPRD to ‘outbid’ other
candidates so they would be chosen as Bupati (Erb & Sulistiyanto 2009b, p. 18)
The third phase was when the parliament amended the 1945 Constitution to enable
direct elections for the President and Vice President, as well the heads of regional
governments, the Gubernur and Bupati. Law No. 32/2004 on Regional Government
provided for the Bupati to be elected directly by the people rather than the DPRD (Erb
& Sulistiyanto 2009, p. 17). The direct election of heads of regional governments is
regarded as one of the key components of democratisation after the fall of the Suharto
regime (Matsui 2007).
6.3 Change of the Election System and its Consequences
Direct elections have enhanced the authority and role of the Bupati, who are
sometimes called ‘raja kecil’ (small kings). Thus, Bupati have become dominant
central figures in local governments, empowered with much greater authority under
regional autonomy, in what Matsui called ‘local centralisation’ (Matsui 2007, p. 25).
However, according to Buehler (2008), the direct elections have given real power to
the population and thus changed the logic of power accumulation in district
governments. The Bupati and the local political elite must work with the electorate
more closely and regularly than before to gain access to, or remain in, power (Buehler
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2008, p. 256). Hence, the candidates in district election campaigns mostly use local
issues to mobilise support and interest from local voters. According to Bush (2008b,
pp. 187-8), since the implementation of regional autonomy, ‘almost everything in
Indonesia is about local politics’, particularly since 2005, when the direct elections for
district heads, mayors and governors were held. Bush’s argument might be
exaggerated; nevertheless, since the introduction of Regional Autonomy Law, local
politics have become much more significant.
Since then, Bupati elections have become opportunities for mass organisations and
Islamic groups to mobilise the masses, which had previously been the preserve of the
members of the district parliament and political parties. A number of factors help
explain the growing importance of local politics, such as less interference from the
central government, and the issue of ‘putra daerah’ 71 (local person) emerged
approaching the election time. In addition, the local people’s aspirations and interests
have a greater influence. As Bush (2008b, p. 188) suggests, the Bupati direct election
provides an opportunity for citizens and communities to hold their representatives
accountable for their campaign promises, their policies and good governance.72 In
addition, an indicator of how voters have held Bupati more accountable is that in the
first phase of direct election, some 40 per cent of incumbent Bupati were defeated,
suggesting that Bupati had to govern effectively or risk removal from office (Bush
2008b, p. 188). Lastly, local issues are more widely used during election campaigns.
6.4 Sharia in Bupati Elections
This section will examine the use of Sharia as a campaign issue during the districthead elections. First, I will explain the strategy of using Sharia during the districthead election. Then I will analyse the elections for the district-head in Cianjur and
Bulukumba, in particular the strategies that have been used by the candidates for
Bupati and proponents of Sharia and how the elected Bupati implemented Sharia.
71
The issue of ‘putra daerah’ became sensitive during the election. Some regions seemed to require that candidates
for the Bupati are putra daerah. However, the interpretation of putra daerah varied. ‘Putra Daerah’ literally is ‘son
of the region’ or ‘native son’. However, the meaning of this term can be significantly different in each region: it
can be interpreted as people who once lived in the region, people born in the area or native/indiginous people. In
this thesis, I will translate the term ‘Putra daerah’ as ‘local person’ to cover the various meanings of this term. A
further explanation of the complex meaning and discussion of ‘putra daerah’ can be found in Rachael Diprose
(2007).
72
However, there are some consequences of Pilkada, such as mushroooming vote buying (money politics) during
pilkada, the dominance of political parties and local conflicts (Suroso 2010 p. 3).
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6.5 Strategy to use Sharia during the Election
Since Indonesia first held direct elections for heads of regional governments in 2005,
the candidates for Bupati and the local political elites have to work with the electorate
more closely and consistently to mobilise support from them. The candidates in a
district with a majority Muslim population have to use popular isues such as Sharia to
attract the interest of voters. For supporters of Sharia, whether they are ideologists or
pragmatists,73 the Bupati election is an occasion to campaign for Islamic Sharia.
This research found that two strategies are usually used by supporters to promote
(Perda) Sharia during the election. First, supporters, often-Islamic groups, announced
that they would support any candidate who would implement Sharia in the region. In
this case, usually the candidates would proactively approach the Islamic groups and
make a deal with them, which occurred in Cianjur. Second, supporters would lobby or
pressure candidates to use Sharia in their campaigns, which happened in Bulukumba,
where Azis Kahar Muzakkar, the Chairman of KPPSI, announced that the members of
KPPSI would be directly involved in the Pilkada and would only support a candidate
who was ready to implement Islamic Sharia (Nisa, Rumadi & Ferdhi 2006). Further,
Tamsil Linrung, a DPR member from PKS, said that the candidates had to sign a
political contract with the community regarding the commitment of the candidate to
implement Islamic Sharia (Asi 2007b). The next section explains how the candidates
used Sharia as a campaign strategy in the districts of Cianjur and Bulukumba.
6.6 Sharia as a Campaign Strategy in Cianjur
The idea to implement Islamic Sharia in Cianjur emerged shortly before the district
head (Bupati) election in 2001. However, according to Tasman (2004) and Yulia,
Kurniawati and Azizi (2004), the idea to implement Islamic Sharia in Cianjur
emerged long before the district-head election in 2001. They suggest that it happened
when Wasidi, who became the regional secretary (sekda) of Cianjur district in 1999,
approached some Islamic leaders and Islamic organisations to support him to become
the next Bupati. During the 2001 election, Wasidi was the only candidate who used
73
The ideologist is someone who promotes, supports and wants to implement Perda Sharia and is motivated by
religious piety, while a pragmatist is someone who promotes, supports and wants to implement Perda Sharia due
to political considerations. A further explanation on the supporters of Perda Sharia can be found in Chapter 5.
120
the issue of Sharia for the campaign. He promised to implement Islamic Sharia if he
would be elected as Bupati. According to Yudi Junaidi, the Head of Lembaga
Bantuan Hukum (LBH: Legal Aid), who was the Head of KPU (General Election
Commission) in 2004–2007, during the presentation of the vision and mission
statements of the Bupati candidates Wasidi did not mention Islamic Sharia (Yudi,
LBH Cianjur, interviewed 29 February 2012). Some of my other informants
confirmed Yudi’s recollection (Yuli & Aru, activist Cianjur, interviewed 28 February
2008).
At the meeting of DPRD, when the candidates read their vision and mission
statements of their campaigns as part of the election process,74 the door of the plenary
room burst open and dozens of people forcibly entered, demanding that the hearing be
cancelled and the district-head election postponed. The protesters broke up the
meeting and occupied the building of DPRD, which was in the same location as the
district government building, for several days. The protesters burnt tyres in front of
the door of the plenary room, and others carried banners and posters insisting that the
meeting be stopped (Antara News 2001). The demonstrators were mainly from
GARIS, an organisation that supports and promotes the application of Sharia. The
protesters were disappointed that Haji Endang Syafei (also known as Haji Dapet), an
Islamic activist and successful businessman, as well as the father of the leader of
GARIS, was not included in the list of candidates because his nomination papers were
allegedly incomplete and, accordingly, his candidature was not accepted by DPRD.
Haji Dapet had promised to implement Islamic Sharia in Cianjur if he was elected.
The demonstration organised by GARIS was not supported by many other Islamic
groups, which did not agree with GARIS resorting to violence. They preferred to use
persuasive methods such as education, advocacy and lobbying. Although the idea of
implementing Sharia was supported by the majority of Islamic groups in Cianjur, their
methods were different compared to GARIS (Kyai Anam, interviewed 9 March
2008).
During the demonstration, one of the Bupati candidates, Wasidi Swastomo, visited the
house of Haji Dapet, which was also the base camp of GARIS (Cep Hermawan,
74
During this period, the Bupati was elected by members of the DPRD rather than the people.
121
Leader of GARIS, Cianjur, interviewed 30 April 2008). Wasidi Swastomo agreed to
sign the political contract stating that he would implement Islamic Sharia if he was
elected as a Bupati of Cianjur. In the political contract, Wasidi Swastomo also
commited himself to treat all developers and entrepreneurs equally, especially those
who supported Islamic Sharia (letter of statement/political contract, 10 and 18
February 2001). In return, Haji Dapet would support Wasidi Swastomo by sending a
letter to members of the DPRD in Cianjur who had made commitments to vote for
him in order to shift their vote to Wasidi Swastomo (Haji Endang Syafe’i’s letter to
DPRD, 17 February 2001).
According to Erb and Sulistiyanto (2009a), in many cases, the candidates for the
district-heads (Bupati) paid money to the members of the DPRD so they would be
chosen as a Bupati (Erb & Sulistiyanto 2009, p. 18). Haji Cep Hermawan, the son of
Haji Dapet, who was the leader of GARIS, claimed that Haji Dapet had been
promised the support of 27 of 46 DPRD members, which would have enabled Haji
Dapet to be chosen as the Bupati. However, in Haji Cep Hermawan’s opinion, there
was a betrayal by DPRD members, who did not accept his father’s candidature. As a
consequence of DPRD’s rejection of Haji Dapet’s candidature, Haji Dapet’s support
was given to Wasidi Swastomo. After the agreement between Haji Dapet and Wasidi
Swastomo, the leader of GARIS ordered the end of the demonstration and the
occupation of the DPRD building (Cep Hermawan, Cianjur, interviewed 23 March
2008).
In addition, Wasidi signed a statement supporting Sharia in Cianjur with the Majelis
Muslim Bersatu (MIMBAR: the United Muslim Council) and PBB (Toha 2007).
Wasidi campaigned for the implementation of Sharia Islam, and his campaign was
widely supported by ulama (Islamic scholars), Islamic community leaders and the
Cianjur district population. As a result, Wasidi was elected as a Bupati of Cianjur
during 2001–2006.
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6.6.2 Gerbang Marhamah and the Strategy to Implement Sharia
A poster in the front yard of the district office of Cianjur from hadits says ‘the most perfect faith is the
one who have the best akhlak’. Such posters were easily found in the government offices and on the
roads in Cianjur as a strategy to promote the program of Gerbang Marhamah.
After Wasidi Swastomo was elected as Bupati in 2001, some Islamic leaders and
Islamic groups expected him to fulfil his promise to implement Islamic Sharia. Then,
some Islamic leaders initiated a gathering to celebrate the Islamic New Year on 1
Muharram 1422 H (26 March 2001) and agreed to make an Islamic Sharia
declaration. The event was claimed to be attended by almost 100,000 people,
including a representation of 35 Islamic and social organisations that signed the
declaration, including NU, Muhammadiyah and PERSIS75 (Tasman 2004). However,
this research found that the support from the 35 organisations did not necessarily
75
The representation of 35 Islamic and social organisations who signed the declaration, included NU,
Muhammadiyah, PERSIS, PUI (Persatuan Ummat Islam), SI (Syarikat Islam), DDII (Dewan Da’wah Islam
Indonesia), IPHI (Ikatan Persaudaraan Haji Indonesia), ICMI (Ikatan Cendikiawan Muslim Indonesia), BKSWI
(Badan Kerjasama Wanita islam), MDI (Majelis Dkawah Islamiyah), DMI (Dewan Masjid Indonesia), BKPRMI
(Badan Koordinasi Pemuda Remaja Masjid Indonesia), Gerakan Pemuda Ansor, Pemuda Muhammadiyah,
Pemuda PERSIS, GPI (Gerakan Pemuda Islam), IPNU (Ikatan Putra Nahdlatul Ulama) PMII (Pergerakan
Mahasiswa Islam Indonesia), GUPPI (Gabungan Usaha Pembaharuan Pendidikan Islam), FKPP (Forum
komunikasi Pondok Pesantren), SARASI (Santri Raksa Reformasi), IMAM (Ikatan Muslim Anti Maksiat),
MIMBAR (Majelis Muslim Bersatu), GERAM (Gerakan Anti Madat), HIZBULLOH (Front HIzbulloh), GARIS
(Gerakan Reformis Islam), Resimen Santri, HAMIDA (Himpunan Alumni Miftahul Huda), BKPI (Badan
Koordinasi Perguruan Islam), DKM MA (Dewan Keluarga Masjid Masjid Agung), IPMC (Ikatan Pelajar Muslim
Cianjur), PD PII (Pengurus Daerah Pelajar Islam Indonesia), Yayasan PSDM Islahul Ummah, BANSER, ISNU
(Ikatan Sarjana Nahdlatul Ulama) and MUI, who initiated and organised the declaration (Tasman 2004).
123
represent the opinions of the members, because it was only signed by the head and the
secretary of each organisation, without the agreement of the members of the
organisations (Suhendi, Youth Leader, Cianjur, interviewed 29 April 2008).
The enormous number of people who attended the event, according to Choirul Anam,
Head of the Steering Committee, was a response to the euphoria of the reformation
era (Choirul Anam, interviewed 10 March 2008). This was because the economic
crisis in 1997 and the failure of the political system, which was followed by the fall of
Suharto in 1998, made the idea of implementing Sharia very popular due to people
feeling frustrated with Indonesia’s condition and seeking an alternative ideology.
However, the involvement of those organisations might express the fact that the issue
of Sharia was very popular and widely supported by the Cianjur community, although
the support was not merely motivated by ideological or religious reasons, but also
political interest.
The Islamic declaration was the first large ceremony held by Muslim groups. The
declaration to implement Sharia in Cianjur read:
1. Belief that Islamic Sharia provides guidance for people that will guide them to
greater prosperity, happiness, security, peace, equality in the world and
hereafter and can manifested in Cianjur: Baldatun Thoyyibatun Wa Rabbun
Ghofur76 (Cianjur sugih mukti tur Islami).
2. Determination to implement Islamic Sharia in daily life gradually, in
accordance with prophet Muhammad’s deeds, to support Cianjur’s
development and not in contradiction with the Indonesian constitution.
3. Insistence that the policy-makers, particularly the Bupati and DPRD approve,
and implement Islamic norms in the development and government, hence
Cianjur district would be wealthy, prosperous and Islamic (Sugih Mukti Tur
Islami) (Kusoy 2005, p. 2).
According to Choirul Anam, the ceremony and the declaration was simply a moral
movement, and there were no ideas to formalise Sharia Islam into a regulation or
76
The phrase ‘Baldatun Thoyyibatun wa Rabbun Ghofur’ literally means ‘[and your land] is a good country and
[Lord] God is Oft-Forgiving’. This phrase refers to Qur’an surah Saba verse 15, which describes the prosperity of
the country of Saba (Dar Qiraat 2010).
124
anything to do with the Constitution. It was merely motivated by the fact that many
Muslims did not individually practice Islamic teaching well. The declaration was
made to build a commitment among the Muslim community to be more committed to
practicing and implementing Sharia in their lives. This means that Sharia was
supposed to be implemented in a cultural way. However, some other groups wanted to
formalise Sharia into regulations.
The debates about whether it was necessary to formalise Sharia into regulations and
follow up the declaration by making regulations were intense between proponents and
critics. The critics did not want to politicise religion and did not want the Bupati to
politicise Islam. However, the supporter groups urged the Bupati to follow up the
declaration and formalise the Sharia to fulfil his promises. Following the declaration,
there would be many Sharia-related projects that would benefit the supporters of
Sharia through programs and facilities financed from the local government budget.
The Bupati responded to the declaration by issuing two policies that represented a
compromise between the opponents and the supporters of the formalisation of
Sharia.77 The policies were the launching of ‘Gerakan Aparatur Berakhlakul Karimah’
dan ‘Masyarakat Marhamah’, which was the embryo of Gerbang Marhamah, as
stated in the Bupati Circular of Cianjur Number: 451 / 277/Assda-1 6 September
2001. The policy of ‘Gerakan Aparatur Berakhlakul Karimah’ calls for the
government apparatus to uphold good moral standards, while the policy of
‘Masyarakat Marhamah’ calls for the community to behave according to good moral
standards. These two policies were followed by a maklumat (edict) from Bupati about
‘Ajakan Berperilaku Akhlakul Karimah’ (calling for good moral behavior),
announcing the impementation of Sharia Islam, including sholat berjamaah
(congregation prayer), wearing muslim clothes, pengajian (Islamic education) and
amar ma’ruf nahiy munkar (commanding right and forbidding wrong) (LPPI 2001).
However, in these policies, the Bupati emphasised moral values rather than the
political and constitutional aspects of Sharia, as a form of the compromise approach
that accommodated the demands of the two contending groups. Nevertheless, some of
77
The Bupati’s decision to use ‘akhlak’ (good moral) as a policy was to accommodate the demands of both
opponents and supporters of the formalisation of Sharia. For the supporters, ‘akhlak’ is the answer for their
demand because it is a core of Sharia, while for the opponents, as long as there is no term of Sharia and no
obligation, they conform to the policy.
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this policy was criticised because it obligated women to wear the hijab although it
was only a recommendation. The obligation to perform the jamaah Friday prayer
meant that government offices were closed during the prayer time, although it was
during the working hours and there were also female staff who could work as they
were not obligated to perform the Friday prayer.
As a strategy to facilitate the implementation of Sharia in Cinajur, the Bupati issued
another policy: Cianjur decree No. 34 and No. 36 of 2001 on the establishment of
LPPI (Kusoy 2005; Yulia, Kurniawati & Azizi 2004). The establishment of LPPI
resulted from a workshop in Cianjur conducted by MUI and the government of the
Cianjur district. The workshop recommended that Muslims in Cianjur should be
obliged to implement Islamic Sharia. To do so, they needed an institution to study
Islamic Sharia; hence, Bupati issued a decree to establish LPPI, which would function
as a ‘think-tank’ to formulate guidelines for the implementation of Islamic Law in
Cianjur and to produce a book, ‘Basic Format Implementation of Islamic Sharia’
(Format Dasar Pelaksanaan Syariat Islam) in 2001. In addition, LPPI produced a
guidance book for preachers and teachers in the Cianjur district to implement Sharia
(LPPI 2005).
A year later, in an effort to strengthen support from the community, LPPI and the
supporters of the formalisation of Sharia, along with support from the district
government of Cianjur and the MUI, successfully held the first Silaturahmi dan
Musyawarah Ummat Islam (SILMUI: Conference of Islamic Ummah) on 16 March
2002 in Building Da’wah, which was attended by Ulama (Islamic scholars), umaro
(government), community leaders, political organisations, community organisations,
student organisations, educational institutions and Islamic NGOs in the Cianjur
district. The first SILMUI formulated materials for the application of Sharia in
Cianjur, and it resulted in a decision to establish an umbrella organisation for
Muslims in Cianjur—Majelis Ukhuwah Ummat Islam (MUUI: Islamic Ummah
Brotherhood Council)—as a tool to legitimise the implementation of Sharia (Majelis
Ukhuwah Ummat Islam 2006). It was claimed that the first SILMUI was attended by
100,000 people, and many considered that this event was organised to mobilise
people to legitimise the political agenda of Islamic Sharia (Choirul anam, interviewed
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10 March 2008). With these strategies, Wasidi sought to mobilise support and
legitimacy for his position and the implementation of Sharia.
In addition, LPPI issued a Rencana Strategy Gerbang Marhamah (Renstra Gerbang
Marhamah: Strategic Planning of Gerbang Marhamah), which contains an
implementation plan for the next five years of Gerbang Marhamah as a guideline to
implementing Islamic Sharia comprehensively (Kaffah), and the explanation of Sharia
Islam, which was mentioned in the ‘Basic format Implementation of Islamic Sharia’.
This Renstra was approved by some Muslims and Islamic groups during the first
SILMUI.78
In order to socialise the three primary agendas of ‘Gerbang Marhamah’, the Cianjur
government organised 1,000 Penyuluh Ahklakul Karimah (PAK: good moral
extension officers) out of 6,000 targeted Ulama (Islamic scholars), 2,000 Guru
Pembimbing Akhlakul Karimah (GPAK: good moral supervising teacher) out of
15,000 targeted teachers, Tim Penggerak Aparatur Berahlaqul Karimah (TP-GAB:
enforcement team of good moral staff), who were recruited from district government
staff, and 1,000 volunteers (Abidin 2006; Kusoy 2005, p. 49). In addition, the
government officials, particularly from the education office, received training about
Gerbang Marhamah. Some informants explained that the training was held in a hotel,
which was uncommon, and they were paid for their participation, where usually the
attendees pay to participate in the training (Pipih, Staff of Education Office Cianjur,
interviewed 3 March 2008).
78
Since then, the SILMUI has been held annually following the celebration of the Islamic New Year, but has
attracted smaller numbers of attendees. The eighth SILMUI produced nine recommendations, one of which wanted
the government to issue a regulation concerning the implementation of economic Sharia principles to limit the
practices of moneylenders. This recommendation was a follow-up with Perda No. 3/2006 about Gerbang
Marhamah Gerbang Marhamah(Subur S 2009). Another recommendation was that MUI urge the government to
immediately revoke the Bupati decree (SK) of Cianjur No. 36/2001 regarding the LPPI and issue a new decree for
the legality of LPPI as an institution that has a duty to facilitate the task of the government in formulating the
concepts of Gerbang Marhamah. In addition, MUI urged the government to evaluate the permits for the owners of
nightclubs, cafes and hotels in Cipanas, Cianjur, due to the fact that many of the permits were not valid or had
expired. In addition, the SILMUI demanded that the Bupati implement decree No. 12 Tahun 2006, about religious
education (Pemberdayaan Pendidikan Diniyah) (Subur 2009). However, some of these recommendations have not
been implemented, such as issuing a new decree for the legality of LPPI. Moreover, the government issued decree
No. 61/2009, which abolised LPPI. The ninth SILMUI was held on 19 December 2009. This SILMUI produced
further recommendations, including that the government supervise and tighten liquor trading, and that it reactivate
PAK and supervise and restrict cults, especially the Ahmadiyah cult (Fikri 2009). The most recent SILMUI was
held in December 2011.
127
The Gerbang Marhamah program, initiated by Warsidi, contains general and very
normative regulations that tried to accommodate the demand from formalist and
substantive Islamic groups. Wasidi’s government fully supported the program of
Gerbang Marhamah, for which the support increased from year to year (Kusoy 2005).
The budget that Wasidi’s government provided in 2001 was 2 billion Indonesian
Rupiah (IDR), increasing to 4.5 billion in 2002, 8 billion in 2003, 10 billion in 2004
and 15 billion in 2005, which was about 3 per cent of Anggaran Pendapatan dan
Belanja Daerah (APBD: Budget Revenues and Regional Expenditures). In addition,
Gerbang Marhamah was funded by Badan Amil Zakat (BAZ: institution for
collecting Zakat/Islamic tax) for which the amount increased from year to year. In
2001, BAZ provided support of 2 billion IDR, and in 2005, this increased to 4 billion
IDR (LPPI 2005). The support from the government also included facilities for
religious-related
activities,
programs
and
organisations.
For
instance,
the
establishment of LPPI and any activities conducted by LPPI were fully funded by the
district government. LPPI activities included research on Islamic-related topics,
training for teachers and preachers on Islamic topics, and conducting seminars and
workshops. Further, financial support was given to pesantren (Islamic boarding
schools) and pengajian (Islamic education groups). However, these policies were
criticised by opponent groups, who argued that this was squandering of resources and
funds for something that was not really important, and only to one aspect: religiosity,
with the consequence that the development of infrastructure was ignored (Yudi, LBH
Cianjur, interviewed 29 February 2008; Dian & Aru, activist Cianjur, interviewed 28
February 2008; (Abidin 2006).
The role of LPPI was significant in supporting the implementation of Islamic Sharia.
LPPI even submitted a draft of the Regional Regulation (RaPerda: Rancangan
Peraturan Daerah) for the implementation of Sharia in Cianjur, but the draft regulation
was rejected by the DPRD (Rina, Parliament member from PPP, Cianjur, interviewed
28 February 2008). According to Toha, a parliament member from PBB, when the
draft was initially proposed, almost all parties refused, except PBB. However, after
lobbying, PPP supported the draft and was then followed by the other parties (Toha,
Parliament member from PBB Cianjur, interviewed 28 March 2008). Nevertheless,
according to members of parliament from PD, who initially rejected the draft, as well
as PDI, who walked out during the approval meeting, any DPRD members who
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rejected this draft were labelled anti-Islamic by advocates of Sharia such as LPPI
members (Iwan, Parliament member from PDI, Cianjur, interviewed 26 February
2008; Gatot, Parliament member from PD, Cianjur, interviewed 3 March 2008).
Nevertheless, LPPI continued its promotion of the formalisation of Islamic Sharia.
Finally, Gerbang Marhamah was approved as a regulation by DPRD in July 2006,
soon after Tjetjep was inaugurated as Bupati, having defeated Wasidi during the 2006
Bupati election (Rina, Parliament member from PPP, Cianjur, interviewed 28
February 2008).
6.6.3 Gerbang Marhamah or Perda Sharia: The Politics of Nomenclature in
Cianjur
Gerbang Marhamah is refining the language. Enforcement of Islamic Sharia
contradicts the 1945 Constitution and contrary to national laws. So the Gerbang
Marhamah is to accommodate the Islamic Sharia in the context of the Republic
of Indonesia (Aru, Cianjur, Interviewed 28 February 2008).
Wasidi’s commitment to implement Islamic Sharia was fulfilled by issuing the decree
on the establishment of LPPI (decree No. 36/2001), the circular letter about Gerbang
Marhamah (Circular Letter No. 451/2717/ASSDA.I/9/2001) and the strategic plan for
the development of Cianjur (Perda No. 08/2002). Apart from these regulations,
Wasidi also issued a Circular Letter (Surat Edaran No. 025/3643/org) to encourage
government staff to wear Muslim clothing, such as the jilbab and a long skirt for
female staff during work hours. Regulation No. 7/2004 regulated Zakat management
and Regulation No. 21/2000 banned prostitution.
Although all of these initiatives were Sharia-influenced policies or regulations,
Wasidi did not use Islamic Sharia terminology in the titles of the regulations,
preferring to present them as part of a moral movement (Gerbang Marhamah—
Gerakan Pembangunan mayarakat Berakhlakul Karimah: development movement for
a good moral community). The strategy was to disassociate these policies and
programs from the controversy surrounding Sharia since Indonesian Independence.
According to some informants, during the campaign for the Bupati election in 2001,
which saw Wasidi elected, many Badan Intelejen Negara (BIN: State Intelligence
Agency) visited Cianjur to investigate the relationship between Wasidi and GARIS
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concerning his commitment to implementing Islamic Sharia in Cianjur (Dian & Aru,
Cianjur, interviewed 28 February 2008). It was thought that BIN was concerned that
implementing Islamic Sharia in Cianjur had implications for the basis of the state.
Thus, to avoid the suspicion of the central government, Wasidi named the Shariabased regional regulations ‘Gerbang Marhamah’, with an emphasis on the
improvement of morals.
6.6.4 Contesting Gerbang Marhamah as (Perda) Sharia
A billboard gate: ‘Welcome to Cianjur, Gerbang Marhamah Area’ located in the puncak area in
Cianjur. The billboard was dismantled by the government. The people who lived in the sorounding
area thought that the government was embarrassed because many of the dimly lit stalls (warung
remang-remang) were used by prostitutes (Radar Cianjur 2010).
An examination of regulation No. 3/2006 on Gerbang Marhamah suggests that Perda
Sharia is not the appropriate nomenclature. First, the preamble of the regulation did
not refer to Sharia law; rather, it referred to the Indonesian Constitution (UndangUndang Dasar 1945), laws (Undang-undang) and instructions of the President
(instruksi presiden-inpres). Second, the content of the regulation mainly cites moral
values that Islam shares with many other religions. However, if the motivation and the
historical context of Gerbang Marhamah, as well as the association with Islamic
130
groups who support the implementation of Sharia, are examined, identification with
Sharia is evident.
The Basic Format Implementation of Islamic Sharia (Format Dasar Pelaksanaan
Syariat Islam), which was formulated by LPPI in 2001 and which became the first
guideline and explanation of the Sharia implementation in Cianjur, as well as the
forerunner of the Gerbang Marhamah regulation, discusses four aspects of Sharia
Islam: first, ubudiyah focuses on aqidah (belief), akhlaq (good morals) and ibadah
(worship); second, Muamalah (human relationship) focuses on education, da’wah
(religious proselytising), economy and ‘commanding right and forbidding wrong’
(amar ma’ruf nahiy munkar); third, Ahwalu syahsiyah focuses on the development of
social justice; fourth, Siyasah Sharia concerns social relationships, jinayah (criminal
law) and siyasah (politics). Muslims have practiced all of the aspects of the Basic
Format in their daily lives long before the document was issued, except for hudud,
which required legalisation from the government.
However, according to Turmudi (2003), the issue of hudud, which is mainly raised by
radical groups, has been mired in controversy. In Cianjur, Islamic leaders realise that
hudud still cannot be applied considering the diversity of society in Cianjur and the
fact that the legal system now in force is not Islamic Law (Turmudi 2003). It was
mentioned in the Basic Format that Sharia would be implemented gradually within 10
years. The first five years, during 2001–2006, will focus on achieving an independent
and prosperous Cianjur by preparing the Cianjur community to not only understand
what Sharia is, but also to be ready to implement Sharia in their daily lives. During
2006–2011, it is expected that Islamic Law will be applied comprehensively
(kaffah/seutuhnya) (Turmudi 2003, p. 32). However, the proposed duration of 10
years for implementing Sharia suggests that it was Warsidi’s strategy to obtain
support from Islamic groups for the next election so that he would be in power for a
sufficient period to implement Sharia.
The book of ‘the Basic Format Implementation of Islamic Sharia’ (LPPI 2001)
mentions that the aim of the implementation of Sharia in Cianjur was to create the
wealthy, prosperous and Islamic (Sugih Mukti Tur Islami) society in Cianjur with six
missions including: Improvement of human resources with good moral attitude;
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Excavation of natural resources as a form of gratitude for the favours of Allah SWT;
Enhancement of missionary activity through education, counselling and cadres;
economic empowerment of people through the concept of a mosque-based economy;
Structuring of the government management to become clean, with authority; review
and development of the Islamic concepts gradually and sustainably (LPPI 2001).
Viewed from the purpose of the implementation of Sharia—that is, to create a ‘sugih,
mukti tur islami’ (prosperous, peace and religious) society—Turmudi (2003)
suggested that the application of Sharia in Cianjur was simply a moral movement of
people to implement Sharia as part of their duty as Muslims, and not an attempt to
make Sharia the basis of the regulations. Thus, while there was no political decision
to impose Sharia as a source of law in Cianjur (Turmudi, Marzuki & Anwar 2003, p.
26), the regulations, such as that requiring female employees to wear Islamic clothing,
sought to impose Sharia values on society in Cianjur.
However, ‘The Basic Format Implementation of Islamic Sharia’ stated that Cianjur
would implement full Sharia. There are several reasons why Cianjur finally applied
only limited provisions contained in the Gerbang Marhamah. First, proponents of
Sharia feared that they would be accused of treason against the state. Second,
supporters realised that if Islamic Sharia was fully applied, it would provoke
extensive opposition. Third, some supporters saw the limited provisions of Gerbang
Marhamah as being the first stage of a longer-term strategy to implement Sharia as a
whole. Advocates of this approach recognise that there needs to be a process of
education in the community to foster understanding about what is meant by Islamic
Sharia before it is applied thoroughly (Musthofa, MUI Cianjur, interviewed 21 March
2008). Fourth, the elected Bupati who promised to apply Sharia did not in fact
wholeheartedly want to apply Sharia because he was mainly motivated by political
interests (Heri, member of District Parliament, interviewed 26 April 2008). However,
the term ‘Gerbang Marhamah’ was used as a reflection of the core of Islamic Sharia
and Islamic values, which, according to Wasidi, support good morals (akhlakul
Karimah) (Warsidi, interviewed 14 March 2008). In addition, it is considered a
strategy to avoid a clash with the Indonesian Constitution (Choirul Anam, the Head of
KPU, interviewed 09 March 2008).
132
6.6.5 Gerbang Marhamah: Substantive or Symbolic Sharia?
This signpost, which states: ‘Uphold Shalat (pray five times a day), pay zakat (alm) if [you] want to
be safe’ on a road in Cianjur, was the target of vandalism (this photo was taken in 2010).
Many informants, such as Gatot and Heri (the members of district parliament), Susi (a
female activist and Sutardi (an enterpreunur), suggested that the implementation of
Gerbang Marhamah was more symbolic than substantive Sharia (Cianjur, interviews
between 20 February 2008 and 26 April 2008). They argued that the implementation
of Gerbang Marhamah was mainly to regulate symbols of Sharia Islam, such as to
obligate women to wear a head veil (jilbab), obligate government staff to wear a
Muslim uniform (with long sleeve, skirt and head veil), and to create banners that
urged people to worship (many billboards stated ‘welcome to Gerbang Marhamah
area’ or ‘welcome to the anti-maksiat area’), rather than substantive Sharia, such as
combating corruption, reducing poverty and having good governance.79
Further, during the Wasidi era, religious symbols were highly visible. There were also
frequent raids on cafes and restaurants that opened during the day during Ramadan.
Muslim women who did not wear the jilbab were intimidated by the Satpol PP (civil 79
For a further explanation on substantive Sharia, see Hooker (Hooker, MB 2008, p. 250).
133
based district police) and some paramilitary Islamic groups (Aziz 2005). Although
Gerbang Marhamah had not become Perda during Wasidi’s government, according
to some informants, the implementation of Gerbang Marhamah was stricter (Dian,
Yuli, Yeni, interviewed between 28 February 2008 and 14 March 2008).
The implementation of Gerbang Marhamah was not fully and widely enforced, as it
was only popular in the urban areas but not in the rural districts. It was also evident
that the knowledge and understanding of Gerbang Marhamah among some
informants was very limited. What they knew about Gerbang Marhamah mainly
related to the obligation for women to wear the jilbab, which they thought was more
of a distraction from the actual state of Cianjur society and to camouflage the
government’s failure to develop Cianjur. Some activists criticised the Gerbang
Marhamah for not encouraging people to become better Muslims. They argued that it
was a waste of money, especially given that the development of the infrastructure was
stagnant because the budget of the district government was allocated mainly for the
Gerbang Marhamah program (Susi, activist Cianjur, interviewed 21 March 2008;
Aru, activist Cianjur, interviewed 9 March 2008).
Sutardi, an Indonesian–Chinese businessman, complained about the implementation
of Gerbang Marhamah (interview, 8 June 2009). According to him, the program of
Gerbang Marhamah was not consistently implemented; for example, billiards was not
mentioned or prohibited in the Gerbang Marhamah. However, when he applied to
open a billiards centre in Cianjur, the government rejected the application because it
was against the Gerbang Marhamah, although he considered that billiards was a sport
(Sutardi, interviewed 28 February 2008).
Since the launch of Gerbang Marhamah by Wasidi, the Cianjur Bupati, the
Department of Transportation and Tourism (DISHUBPAR) built gates with signposts
on the main roads that invited residents to behave in accordance with Islamic Sharia.
These signposts displayed Arabic script containing Asmaul Husna—quotes from the
verses of the Qur’an and the Hadith. In addition, many groups emerged to enforce the
implementation of Gerbang Marhamah, such as Ikatan Muslim Anti Maksiat (IMAM:
Muslim Association of Anti-Maksiat), Santri Raksa Reformasi (SARASI: Student
Maintains Reformation) and dan Resimen Santri (RESAN: Student Brigade), which
134
conducted sweeping operations to eradicate activities they considered immoral. In
some places, there were many physical clashes between these groups and residents,
who felt that their interests were harmed. One such incident occurred at the Joglo and
Muka bus stations, where activists destroyed food stalls that opened during Ramadan
(fasting month) (Suhendi, Youth leader Cianjur, interviewed 25 April 2008).
The Gerbang Marhamah was also criticised by cultural circles/artists in Cianjur
because Cianjur Bupati, Ir. Wasidi Swastomo, prohibited the ‘kuda kosong’ (Empty
Horses)80 that usually performed during the celebration of Indonesian Independence
Day and the Cianjur anniversary. However, some ulama (Islamic scholars) persuaded
the Bupati to ban the performances, as they considered that this traditional ritual
procession was a form of idolatry.
6.6.1 The Issue of Sharia in The Cianjur Election: Who Benefited?
Cianjur is popularly known as a kota santri (Devout City) due to the presence of
many Islamic boarding schools (pesantren), many ulama (Islamic scholars) and its
majority Muslim population. In the 2001 election for Bupati all the candidates were
Muslims and all the DPRD (district parliament) members, who elected the Bupati,
were Muslims. Wasidi’s success in the 2001 Bupati election can be variously
explained. Firstly, at the time of Wasidi’s candidacy, Sharia was widely supported.
Many saw Sharia as a way of addressing the effects of 1997-78’s economic and
political crisis. Secondly, members of the DPRD elected the Bupati, not the people;
this enabled easier lobbying and mobilisation of support among DPRD members. This
was especially evident when Wasidi inherited the support previously promised to Haji
Dapet.
By the 2006 election, the Bupati was elected directly by the people. During this
election, all four candidates were Muslims and used the issue of Sharia (Islam and
80
The ‘kuda kosong’ (empty horse) parade is held to mark state ceremonies in Cianjur to commemorate the
historical struggle of R. A. Wira Tanu, a Dalem Pamoyanan R. A. A. Wiratanudatar II, regent of Cianjur. The
practice was that the regent was required to give a tribute of harvest crops to the Sunan of Mataram in Central
Java. When the Regent, Dalem Pamoyanan R. A. A. Wiratanudatar II, who was considered sacred and powerful,
presented the tribute, he always stated that the people of Cianjur were poor in agricultural products but
demonstrated great courage in their struggle for the nation, just like the spicy flavours of chili and pepper. Due to
his clever diplomacy, the Sunan of Mataram gave a gift of a horse to the Dalem Pamoyanan, and this gift was a
matter of pride for the Cianjur people. Thus, the ‘kuda kosong’ parade celebrates the occasion (Gunawan 2009 ;
Lukman 2005; Maruli 2010).
135
moral/akhlak). However, Wasidi was most identified with the issue of Sharia.
Candidates and proponents of Sharia used the issue to advance their agendas.
Candidates identified themselves as being ‘more Muslim’ than their rivals; supporting
Sharia ensured this distinction. No candidate could risk opposing Sharia and being
labelled ‘un-Islamic’.
Although Wasidi was the candidate most associated with Sharia and, as Bupati, had
supported the Gerbang Marhamah programme, he was defeated by Tjetjep Muchtar.
Tjetjep
had
been
Head
of
Bappeda
(Badan
Perencana
Pembangunan
Daerah/Regional Body for Planning and Development) during Wasidi’s 2001-2006
government.
During the 2006 election, Wasidi was supported by the three biggest parties in the
district parliament: Golkar, PKB, and PPP. Despite this, he won only 309, 000 votes.
Tjetjep, who enjoyed PKS’s support81, which had only three seats in DPRD, along
with the Demokrat Party, with four seats in DPRD, won 311, 000 votes. Although the
2006 election was the first direct election in Cianjur district, the political parties still
played a significant role. Candidates, unless they were independent, had to be
nominated by a party 82. Wasidi was fully supported by PBB during the Pilkada. After
Wasidi’s loss in the Pilkada, the PBB nominated him as a candidate for the national
legislature election in 2009.
Wasidi’s loss in the 2006 election is partly related to the change in the system of
election from selection by the parliament to direct elections. This complicated
campaigning and lobbying. Wasidi had the support of the largest political parties in
the Cianjur district parliament and would have most likely won under the old system.
In addition, Wasidi’s commitment to implementing Islamic Sharia was in doubt. He
had lost some support from Islamic groups and leaders, who had previously supported
him. Some of these groups and leaders considered Wasidi had betrayed his
commitment to implement Islamic Sharia when he permitted the Catholic Church to
81
One might expect that the PKS supported Perda Sharia, but Golkar and the PKB are not normally supportive of
Sharia. However, in this case, Perda Sharia was become an issue in the pilkada campaign. Parties were more
concerned with winning the Pilkada rather than ideological purity. However, the political calculations of the PKS
regading the issue of Sharia were also pragmatic. Further discussion on the PKS see (Machmudi 2006)
82
Independent candidates have to obtain support from at least three per cent of enrolled voters.
136
build religious facilities in Karmel Valley (Singgih 2005). Tjetjep was able to identify
himself as ‘more Muslim’ than Wasidi, despite Wasidi’s initiation of the Gerbang
Marhamah. However, many voters considered that Tjetjep also supported Gerbang
Marhamah and the implementation of Sharia. Moreover, Tjetjep personally was
believed by voters to be a more devout Muslim compared with Wasidi, as he often
served as imam (leader) during Friday prayers (shalat Jum’at) at the mosque (Adek,
interviewed 26 February 2008; Dedek, interviewed 22 February 2008; Hofisah &
Pipih, interviewed 03 March 2008; Choirul Anam, interviewed 08 March 2008; focus
group discussion, 21 April 2008). Thus, Warsidi was considered have failed to
implement Islamic Sharia in Cianjur, particularly as there were allegations of
incidents of fornication among the students in local high schools (Anton, Campaign
team of Tjetjep, interviewed 13 April 2008).
Tjetjep Muchtar’s campaign exploited the issues of free sex/fornication and lembah
karmel83 (Singgih 2005). Tjetjep Muchtar had been a candidate in the 2001 election,
when Wasidi was elected. During Wasidi’s term as Bupati, Tjetjep, as head of
Bappeda (Badan Perencana Pembangunan Daerah), the regional body for planning
and development, was responsible for development policies. Tjetjep issued a letter
No. 503/3428/PPSA December 19, 200. This was a permit for the development of a
youth boarding house (pondok remaja) as a Catholic religious facility in the
Sukaresmi District in the Karmel Valley (Cianjur) (Cep Hermawan, interviewed, 27
May 2008; Anton, interviewed 30 March 2008). Anton, a member of Tjetjep’s
campaign team (tim sukses), asserted that Tjetjep deliberately issued this development
permit, with the aim of destroying Wasidi’s credibility as the initiator of the Gerbang
Marhamah (Anton, interviewed 30 March 2008).
In addition, during the lead up to the 2006 Pilkada, there was also a free
sex/fornication scandal that involved one of the best senior high schools84, which had
become a model school for the implementation of Gerbang Marhamah. This school
83
The Development in the Karmal Valley was criticised because it did not meet licensing and construction
standards, such as environmental impact assessment (EIA). Furthermore, the development disturbed some
residents, who believed that it was contrary to Islamic law and there were fears of Christianisation in the
neighbourhood (Singgih 2005), (Cep Hermawan, interview 2008)
84
This issue arose when a video tape of ‘free sex’ (fornication) circulated in Cianjur. Chirul Anam, the Head of
KPU stated that those alleged to be involved were not students of a local senior high school (SMA I), but someone
who was paid to discredit Wasidi and the Gerbang Marhamah (Chirul Anam, interview 09/03/2008). That there
were no prosecutions suggests that this may have been the case (Aru, Dian, interview 28/02/2008).
137
was the only school in Cianjur that insisted its female students and teachers wear
jilbab and Muslim clothes. The scandal raised questions about the effectiveness of
Wasidi’s Gerbang Marhamah. However, according to the campaign team of Tjetjep,
they deliberately used this issue to discredit Wasidi (Anton, Dian, interview 2008).
The strategy may well have contributed to Wasidi’s election loss.
Thirdly, Tjetjep’s tim sukses (campaign team) was more dynamic, proactive and
willing to use ‘smear campaign’ tactics. It was also more effective in rural areas. The
team worked effectively to undermine the support Wasidi enjoyed among influential
kyai and ajengan (Islamic leaders and scholars), despite many of these figures
recognising the importance of Wasidi’s Gerbang Marhamah programme. A calendar
featuring a photo of Tjetjep was distributed at prayer meetings (pengajian). At these
meetings, kyai and ajengan would ask their often elderly and illiterate supporters to
vote for Wasidi (Anton and Dian, interviewed 2008). Anton, a campaign team
member, recalled:
Sometimes I attended the pengajian held by Ajengan Lim. The pengajian held
every Thursday and was very crowded with a thousand people in attendance.
During the pengajian, usually Ajengan Lim asked his followers to vote for Pak
Wasidi because he is the supporter and creater of the Gerbang Marhamah.
However, during the speech, I usually distributed the calendar with Pak
Tjetjep’s photo and I said to the people, who are mostly old and had never met
Pak Wasidi nor Pak Tjetjep, “this calendar from the Ajengan, please coblos
(vote for) this person”. I think my strategy was successful (Anton, campaign
team of Tjetjep, interview 2008).
Fourthly, Tjetjep won the sympathy of the supporters of Sharia by showing he was
also committed to the implementation of Sharia, which shared elements of Wasidi’s
Gerbang Marhamah (Detikcom 2006). However, he also used strategic issues which
differed from other candidates such as improve education access, improve health
service, improve the economic development (KPU Cianjur 2006). Hafsah, a retired
Cianjur education official, stated that she voted for Tjetjep because her family mainly
worked in the education sector. Tjetjep promised to improve access to education and
the conditions of education staff and teachers (Hafsah, Cianjur, interviewed 03 March
2008). Moreover, Tjetjep also used the issue of putra daerah (local person). He was
born in Cianjur whereas Wasidi originally came from Sukabumi. Other informants
also mentioned that they preferred to vote for putra daerah as they considered the
138
putra daerah would be more loyal to their region, thus will manage their region better
than non-putra daerah (Pipih, Cianjur, interviewed 3 March 2008; Tatik, retired nurse
Cianjur, interviewed 12 April 2008).
An analysis of the Pilkada results shows that Wasidi enjoyed support in the city, but
lost votes in rural areas (Chirul Anam, the Head of KPU, interviewed 09 March
2008). It seems that Wasidi retained strong support from the elite and organisations
that were city-based, while Tjetjep’s campaign and non-government organisation
(NGO) support was most effective in rural areas.
Tjetjep’s campaign team consisted mainly of NGO activists who disagreed with the
Gerbang Marhamah programme, possibly because programme funding was allocated
to religious activities in pesantren and Islamic organisations. The NGOs, as nonreligious bodies, received little government funding. Following Tjetjep’s 2006
election win, many NGO activists who had given him their support were recruited as
district government staff. For instance Yudi, an activist from Lembaga Bantuan
Hukum LBH, or Legal aid, who the Head of KPU (Komisi Pemilihan Umum- General
Election Commission) during 2006 election, was appointed as a Director of PDAM,
Perusahaan Daerah Air Minum (Regional Water Supply Company)85 after Tjetjep
won the election (Bataviase 2010).
Based on a Lembaga Survey Pilkada (LESIPA- Election Survey Institute) survey in
Cianjur, only 13 per cent of 1, 200 respondents agreed that the next Bupati should
have a commitment to Islamic Sharia (Seno 2005). About 61 per cent of 1, 200
respondents, from various backgrounds such as farmers, civil servants and
entrepreneurs wanted the next Bupati to be non-sectarian and refrain from exploiting
religious issues. According to the director of LESIPA, Ikhwan Syarifudin, the Cianjur
people were now more educated and more discriminating about their leaders. The
people preferred to elect a leader who could solve problems rather than one who only
offered words. (Seno 2005).
85
The elected Bupati of Cianjur 2006-2011 periods, Tjetjep Muhtar Soleh, appointed Yudi Junadi, as the Director
of PDAM Mukti based on the Bupati Decree No. 824.2Kep Cianjur. 68/BKD/2007 dated 8 October 2007. The
appointment of Yudi Junadi provoked protests because it was considered legally flawed (cacat hukum) and not
implemented according to the proper procedure (Bataviase 2010).
139
6.7 Sharia as a Campaign Strategy in Bulukumba
Perda Sharia, commonly known as ‘Perda keagamaan’ in Bulukumba,86 was first
initiated by Andi Patabai Pabokori, who was Bupati for two periods: 1995–2000 and
2000–2005. The idea came a long time before he became the Bulukumba Bupati
(Andis 2004). In the 1992–1995 period, when he was the Regional Secretary
(Sekertaris Daerah: Sekda) under Bupati Andi Thamrin, Patabai was often given the
task to represent the Bupati in rural areas. During his visits, he observed that
Bulukumba had a strong religious culture dating from the seveneteenth century, when
three Islamic scholars from Sumatra—Dato’ Tiro, Dato Ribandang and Dato
Patimang—who are believed by Bulukumba people to be saints, arrived. Dato Tiro
had a significant affect on the Bulukumba community by emphasising the Islamic
teaching of Tasawuf/sufi (mysticism/Sufism).
However, Patabai considered that Bulukumba’s Islamic culture had declined into
decadence. In response, he initiated programmes aimed at revitalising Islamic culture
(Andis 2004). In the early years of his appointment as a sekda, Patabai established
religious organisations based in mosques. These included Remaja Masjid (Youth
Mosque) and AlQur’an Education Centre for kindergarten and junior years, such as
Taman Kanak-kanak AlQur’an (AlQur’an Kindergarten) or TKA, and Taman
Pendidikan Alqur’an (AlQur’an Education for Junior) or TPA, although they were not
run optimally.
In 1994, Patabai revitalised a Muslim Youth Program (BKPRMI), which had been
established in 1989 (Andis 2004, p. 21). He strongly supported any activities related
to Islam and religiosity, such as the TKA and TPA (AlQur’an education centre for
kids) activities. As a result of his involvement and support for Islamic activities in the
Bulukumba community, Patabai was both well-known and popular. In 1995 he was
appointed Bupati of Bulukumba. Patabai considered this appointment as his destiny
and a blessing from God (Patabai, the former Bupati of Bulukumba, interviewed 13
86
The issue of (Perda) Sharia was more sensitive in Bulukumba than in Cianjur. When I conducted an interview
with Asda III (asisten Daerah: the Regional Assistant) and asked about Perda Sharia, the Asda answered that
Bulukumba was upset that it was not implementing Perda Sharia, but implementing religious-nuanced regulations
(Perda bernuansa keagamaan). A further discussion of the term ‘Perda Sharia’ can be found in Chapter 3, which
discusses the politics of nomenclature.
140
June 2008). During his time as sekda, Patabai had done much to elicit community
support.
Since becoming Bupati in 1995, Patabai promoted Islamic-related activities, including
the Porseni Remaja Masjid (Sport and Arts Competition for Mosque Youth activists)
(Kamil & Bamualim 2007a, p. 280). He also became more active in the BKPRMI,
with his contribution as the Best Coach and Advisor of the Mosque Youth recognised
at the national level (Pengayom Terbaik Pembina Remaja Masjid Tingkat national).
He was also awarded the prestigious Peniti Emas (golden pin) from the Indonesian
president in 1997 (Andis 2004, p. 41; Kamil & Bamualim 2007a). Since then,
Patabai’s enthusiasm for promoting and supporting Islamic activities only increased.
During 1997 to 1998, all mosques and surau87 established AlQur’an learning centres
for children and adults (TKA and TPA). During this period, Patabai also established
many Majlis Taklims88 (Islamic Religious Learning Groups) for women. In 1998
Patabai established Forum Komunikasi Majlis Taklim (FKMT), the Communication
Forum of Majelis Taklim, as an umbrella organisation and mediator for the Majlis
Taklim groups. The FKMT was later renamed Badan Kerjasama Majelis Taklim
(BKMT), the Cooperation Council of Majelis Taklim (Andis 2004, p. 57). Apart from
that, he also established Taman Pendidikan Orang tua (TPO-AlQur’an Learning
centres for adults). When students finished their Qur’anic studies, the Bupati signed
their graduation certificates. Patabai would often attend graduation ceremonies,
adding to the occasion’s prestige (Andis 2004).
Bupati Patabai was both popular and a populist, often avoiding official protocols.
Patabai almost always accepted invitations to graduation ceremonies and Koranic
recitations. He often gave food or money to people he visited (Kamil & Bamualim
2007a, p. 281). After he implemented regulations about Muslim clothes, Patabai
would carry jilbab in his official car; and distribute these to any women who were not
wearing jilbab. During Ramadhan (the fasting month), Patabai often brought people
to the Masjid al-Markaz in Makassar (Patabai, Makassar, interviewed 13 June 2008).
87
Surau, also called musholla, is a little mosque, mainly for shalat jamaah (congregational prayers). Separate to
mosques, surau are not used for shalat jum’at ( Friday prayers)
88
Further discussion on Majlis Taklim, read Andi Faisal Bakti, Majelis Azzikra: New Approach to Dakwah for
Civil Society in Indonesia (Bakti 2006).
141
This gesture emerged from the Bupati’s endeavours to resolve a village conflict, when
he took two groups involved in a conflict to Makassar for breaking the fast (berbuka
puasa), shalat Tarawih, during Ramadhan and visit Makassar’s most famous Mosque,
Almarkaz Al-Islamy (Patabai, Makassar, interview 13 June 2008; (Kamil &
Bamualim 2007a). Visits to the Mosque have become a tradition, when, for 10 to 15
days of Ramadhan, Patabai took religious and community leaders to visit Mosque AlMarkaz Al Islamy (Kamil & Bamualim 2007a).
In Bulukumba, Bupati Patabai used the issue of Islamic Sharia to promote himself as
a populist leader and supporter of religious activities, which assisted his re-election
for a second period (2000-2005). During this second period, he implemented Perda
keagamaan (religious regulation). The implementation of this regulation did not only
obtain support from organisations in Bulukumba, but also from outside the district
such as the KPPSI. However, Patabai argued that it was his activities and programmes
in Bulukumba that supported the KPPSI rather than the other way around, Bulukumba
had pioneered the implementation of Perda Sharia in South Sulawesi (Patabai,
Makassar, interviewed 13 June 2008). Bulukumba was the model for the
implementation of Perda Sharia. Nevertheless, the support from outside Bulukumba
was very important to further his career as he could not be elected for a third period as
Bupati. Many members of the KPPSI held senior positions in Makassar. When
Patabai finished his term as Bupati, he was appointed Head of the Education
Department in South Sulawesi (Kepala Dinas Pendidikan Sulawesi Selatan). He also
became the leader of Forum Umat Islam (FUI), the Muslim Forum South Sulawesi
(Patabai, interviewed 13 June 2008). Patabai’s promotion of Islamic values and
support of Muslim organisations broadened his networks outside Bulukumba and
advanced his political career.
6.7.1 The Crash Programme: One Step Towards Perda Sharia
In 1998, several years before Patabai implemented Perda Sharia, called Perda
keagamaan (religious regulation), Bulukumba implemented a ‘Crash Programme
Keagamaan’ 89 (The Crash Programme of Religiosity). Andi Mahrus, one of the
Bupati’s assistants, explained that the purpose and motivation of programme was to
89
The name of ‘crash program keagamaan’ based on my interview with Patabai and Mahrus Andis, aims to give
an understanding that this program has to be implemented quickly, as the word ‘crash’ conveys.
142
promote community religiosity and piety (Andis 2004). The ‘Crash Programme
Keagamaan’ was Patabai Pabokori’s90 initiative and won support in the community
and Islamic organisation,s including the NU and Muhammadiyah. The programme
was launched by the Governor of South Sulawesi, HZB Palaguna, and funded
generously with a budget of more one billion IDR (Andi Mahrus, the Bupati
Assistance on Law Division, interviewed 10 June 2008).
The programme consisted of: Coaching and Development of Youth Mosque
(Pembinaan dan Pengembangan Remaja Masjid)91; Coaching and Development of
Alqur’an Learning Centre for Children and Juniors (Pembinaan dan Pengembangan
Tempat Pendidikan Alquran Anak dan Remaja); Coaching and Development of
Majelis Taklim (Pembinaan dan Pengembangan Majlis Taklim); establishment and
development of libraries in mosques; establishment of programmes for memorising
Alqur’an; establishment and development of Islamic arts; empowerment and
management of zakat (alms), infaq dan shodaqah; preservation of the happy,
harmonious and prosperous family (Andis 2004).
The eight points of the Crash Programme reflected the district government’s approach
to the promotion of religious values and activities. Following the Crash Programme,
in the second period as Bupati, Patabai implemented the Perda keagamaan or Perda
bernuansa Islam (Islamic-nuanced regulation). These regulations included: Perda No.
3/2002 on banning, supervising, and selling alcoholic beverages; Perda No. 2/2003
on the management of zakat, infaq and sadaqah; Perda no 4/2003 regulating Muslim
dress; Perda no. 6/2003 on promoting reading Qur’an for students, and brides and
grooms (Andis 2004).
90
However when I interviewed the chairman of NU who also the chairman of MUI, he said that he is the person
who had the idea of the implementation of ‘Crash program keagamaan’ and ‘Perda Keagamaan’, however, he said
that he did not bother even though the bupati who got an award instead of him, and the Bupati became popular
instead of him as the initiator of the program, as long as the objective for having religious community was realised.
91
Coaching and Development of Youth Mosque (Pembinaan dan Pengembangan Remaja Masjid) is part of the
perda sharia program in Cianjur, which is called Gerbang Marhamah. This program mainly focuses on Islamic
education for youth engaged in activities based in mosques
143
6.7.2 Perda keagamaan or Perda Sharia: the politics of nomenclature in
Bulukumba
In this section I will discuss the politics of nomenclature of Perda keagamaan in
Bulukumba. Before I came to Bulukumba for this research, I visited Makassar. I was
informed that I had to be careful to use proper term for the Sharia-influenced
regulation in Bulukumba. Some informants in Bulukumba were not happy when I
mentioned Perda Sharia and I was told that Bulukumba had no Perda Sharia. I was
shocked because this upset my research plans. However finally I found out that the
term Perda keagamaan was used instead of Perda Sharia. Andi Mahrus, Regional
Assistant, explained:
Bulukumba has never enacted Sharia regulations, and there was no one
capable of regulating Sharia… what we enacted were Islamic-nuanced
regulations (Perda bernuansa Islam), including [regulations on] Muslim dress,
attitude and behaviour of Muslims (Andi Mahrus, Bulukumba, interviewed 10
June 2008)
However, the informants’ explanation of the difference between Perda Sharia and
Perda keagamaan was rather confusing. According to some informants, Perda
keagamaan was not related to the fiqh or Sharia law, but rather regulated matters in
order to promote Islamic values in the community. Andi Mahrus explained the
difference between Perda Sharia and Perda keagamaan in these terms:
Perda Sharia is related to fiqh (jurisprudence) and Sharia which mean we have
to obey all regulations determined by religion. In fact, what we enacted were
Islamic-nuanced regulations [not Perda Sharia] aimed to make Muslims aware
that they are Muslims and should behave in an Islamic manner (Andi Mahrus,
Asda 3 Bulukumba, interviewed 10 June 2008)
Further, according to Patabai, the aim of the regulations was simply to Islamise
Muslims and to neither implement Sharia, not establish an Islamic state, nor create a
Sharia-based constitution.
If the substance of regulation No 3/2002 on Prohibition, Supervision, Control and
Alcoholic beverage sales is examined, it is not Perda Sharia (Kamil & Bamualim
2007a, p. 283); the preamble does not refer to Sharia law but rather to the Indonesian
constitution (Undang-Undang Dasar), Laws (Undang-undang) and instructions of the
president (instruksi presiden-inpres). This regulation was motivated by high levels of
144
criminal activity associated with the consumption of alcoholic beverages.
Tjamiruddin, chairman of the MUI, explained that in the early 1990s Bulukumba was
considered to be unsafe. The level of criminality associated with drunkenness, drugs,
gambling and theft was high. Especially at night, inter-gang violence led to fatalities
(Tjamiruddin, the Head of MUI, interviewed 06 June 2008). Since the implementation
of this regulation, it was claimed that crime rates declined significantly, as reflected in
the table below. The Bupati promoted his programme as successfully dealing with
crime (Patabai, interviewed 13 June 2008). He was invited to deliver a presentation on
the success of Perda keagamaan. Bulukumba district also pioneered the
implementation of Sharia-influenced regional regulation. Therefore, it was not
surprising that Bulukmba became a reference point for other districts planning to
implement Perda Sharia.
Table 1: Criminal activity in Bulukumba District 2002–2005
No Crime
2002
2003
2004
2005
1.
Murder (pembunuhan)
10
8
6
2
2.
Physical Assault (penganiayaan berat)
8
11
5
-
3.
Theft (pencurian)
78
75
27
3
4.
Rape (pemerkosaan)
41
3
3
-
5.
Narcotics
3
1
3
-
6.
Animal Theft (pencurian hewan)
32
13
1
-
7.
Gambling
9
17
9
-
8.
Selling/Consuming alcohol
25
17
14
6
Source: Bulukumba District Police 2006
However, according to residents in that area, and some informants, the decline of
criminal activity and associated increase in security was not merely due to the new
regulations: a gang leader thought responsible for many of the crimes was killed
during a police raid (Rina, Hajar, Abu, Bulukumba, interviewed 12 May 2008).
6.7.3 The ‘Crash program’ and electoral success
Reflecting his popularity and community support, Patabai was re-elected as Bupati for
a second term, 2000-2005. His implementation of Perda keagamaan was supported
145
by the community, NU and Muhammadiyah. Patabai acknowledged that Perda
keagamaan was supported by KPPSI (Komite Persiapan Penegakan Syariat Islam, the
Preparatory Committee for the implementation of Islamic Sharia). He was a member
of the advisory board (Majelis Syuro) of KPPSI92. However, Patabai argued that his
objective was to promote Islamic values in the Muslim community, rather than
impose strict Sharia or establish an Islamic state (Patabai, interviewed 13 June 2008).
There were indications that introducing Perda Sharia in Bulukumba was a way of
hiding the real problems such as corruption and poverty. (Rustam, Saiful, Hayya,
Bulukumba, interviewed 05/06/2008). Research conducted by the Centre for Study of
Religion and Culture (CSRC), UIN Jakarta concluded that the implementation of
Sharia diverted attention from the government’s failure to develop Bulukumba’s
infrastructure: compared with neighbouring districts, Janeponto and Bantaeng,
Bulukumba’s infrastructure was lacking. (Kamil & Bamualim 2007a, p. 291).
Buehler’s research revealed that Perda Sharia enabled the elected Bupati to
implement Perda on zakat by collecting zakat. The Bupati controlled the income from
zakat which increased the revenues of the district government. Buehler observed that
in Barru district in South Sulawesi, the incumbent Bupati distributed zakat before and
after his election to consolidate power (Buehler 2008). Nevertheless, this research
found that zakat collection was not merely for the Bupati’s support, but was mainly to
help poor by distributing funds to them. In desa Padang, Bulukumba, some zakat
funds were allocated to a school for the poor and orphans (Irma, interviewed 08 June
2008).
6.8 The Advantages of Using Sharia as an Election Issue
In both Cianjur and Bulukumba Perda Sharia, in its various manifestations, was
central to the political discourse and the election campaigns. However, the Sharia
issue is anomalous. According to Bush (2008b), Perda Sharia’s peak implementation
time was during 2003, having grown stronger since 1999. After 2003, support for
Perda Sharia experienced a dramatic downturn. According to Hosen Muhammad
(2010), a Commissioner of Komnas Perempuan (National Commission on Violence
Against Women), despite this decline in a number of the districts that had
92
KPPSI was discussed in chapter 5.
146
implemented Perda Sharia since 2003, campaigns to implement Perda Sharia in other
districts continued. Approximately eight other regions proposed to implement Perda
Sharia during 2005-2008. Already existing Perda Sharia were neither annulled nor
revoked.
This research suggests that candidates used Sharia successfully to win election until
2005. However, since then, supporting Sharia has not guaranteed electoral success.
Sharia was one among several factors that determined electoral outcomes. One
possible explanation may be that in the first years after Soeharto’s resignation and the
monetary crisis, many people considered the established economic and political
system had failed. Islam was considered to be an alternative to the failed system and a
solution to the crisis. Thus, Sharia’s popularity increased, especially among groups
seeking reform. The early years of reform were characterised by freedom of
expression and organisation; many Islamic organisations repressed by Soeharto now
had the opportunity to campaign for Sharia Islam. Although most of these
organisations and parties were established before Perda sharia became an issue, they
supported implementation of Sharia, including formalist Islamic Parties such as PPP,
PBB and PKS93, and formalist Islamic groups such as HTI (Hizbu Tahrir IndonesiaIndonesian Liberation Party). I would argue that Sharia was more important as an
election issue when the Bupati was elected through the DPRD, prior to the
introduction of direct elections in 2005.
According to Bush (2008), since 2005 the importance of Perda Sharia as a political
issue had declined, and most of the candidates who used the issue of Sharia lost the
election. By 2005, Perda Sharia had been implemented in many districts; however,
communities had not always experienced the anticipated positive changes. In
addition, substantial problems regarding corruption, free education, poverty and free
health services remained unsolved. After 2005, the candidates who promised to solve
these sorts of problems enjoyed more success. Some NGOs had campaigned against
pro-Sharia candidates. Although it is difficult to quantify the impact of these
campaigns, some of my informants, mostly from outside the district, came to oppose
Sharia as a result of the NGO campaigns (focus group discussion, 21 April 2008).
93
In 2002 the PK (Prosperous Party) was re-named the PKS (Partai Keadilan Sejahtera, Justice and Prospertity
Party).
147
However, in the case of the 2006 Cianjur election, the candidates, including the
successful one, continued to use Sharia and Islamic morality as campaign issues.
Islamic Sharia is not the only factor that determines a candidate’s success. However,
the issue did attract voter attention, and created both positive and negative
controversy for candidates. In some cases, the Islamic Sharia issue was used
successfully. Traditional and conservative Muslims tend to follow what their religious
leaders say. Candidates were more successful if they were supported by religious
leaders. The ulama are influential figures in districts like Cianjur and Bulukumba,
where their knowledge and piety is respected by their many followers and students
(santri). The relationship between kyai and their followers is that of patron-client.
However, recent research shows that the influence of the ulama and kyai has
decreased since they have become more politically involved (Molasy 2009). The
candidates who supported Sharia also enjoyed support from hardline Islamist groups.
In Cianjur and Bulukumba, GARIS and KPPSI, Islamist groups based outside the
district, influenced electoral outcomes in elections held before 2005. The role of these
groups is discussed in chapter four.
Conclusion
From the research in Cianjur and Bulukumba it can be concluded that Sharia was an
influential issue in Bupati elections in both the old and new election systems.
However, the Sharia issue was more influential and effective in Bulukumba and
Cianjur when the Bupati was elected by the district parliament, partly because
lobbying could be focused solely on the DPRD members and on a single issue. It also
enabled organisations like GARIS and KPPSI to pressure, if not intimidate, DPRD
members. Further, this research also found that Sharia was used during campaigns in
the Bupati elections most successfully in the early years of reform. This was a time
when many Islamic groups, restricted in their political activities during the Soeharto
era, used the reformation era’s greater freedoms to advance their agendas.
Implementing Sharia during 1999–2005 was very popular. Many people thought that
the political system had failed and were frustrated with Indonesia’s circumstances.
They sought an alternative ideology and considered Sharia to be perfect.
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The move from DPRD-based to direct election of the Bupati influenced the politics of
Perda Sharia. I argue that this change significantly contributed to the use of Sharia in
campaigns. During the 2005 direct election, Sharia had to compete with a range of
other issues, including free education, health and corruption. Apart from that,
candidates needed to mobilise support from broader sections of society and not just
members of the DPRD and activist groups.
There was a difference between Cianjur and Bulukumba. Ideas about implementing
Sharia in Bulukumba had a long history and pre-dated regional autonomy. In Cianjur,
the issue of Sharia arose immediately prior to the first post-Soeharto election for
Bupati. This contrast suggests an ideological motivation for Sharia in Bulukumba,
rather than political interest. Patabai, the former Bupati in Bulukumba, had mounted a
protracted and consistent campaign in support of Sharia.
However, this analysis of the Bupati elections in Bulukumba and Cianjur suggests
that the use of sharia issues not always benefited the candidate unless Islamic groups
gave their support, and when it reflected broader community aspirations. The
successful implementation of Perda Sharia resulted from good cooperation between
idealist and pragmatist groups. The idealists developed and articulated the idea of
Sharia, and the pragmatists used their authority to implement it. Nevertheless, the
implementation of sharia, whether it has been in a campaign for direct or indirect
election, has become a contested issue for women’s security. Chapter 7 examines
women’s security in greater depth.
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Chapter 7: Contesting Women’s Security and Perda Sharia
7.1 Introduction
do they (the political elites) know what security is… do they know, to whom
security belongs?... they were arguing about our security because they do
not know that women’s security belongs to each woman (Yuli, 26yo, female
government staff member, Cianjur, interviewed 13 March 2008)
This comment was made during interviews conducted in two districts: Bulukumba in
South Sulawesi and Cianjur in West Java. During the interviews, the informant asked
me why I was researching this topic. After I explained my reasons, she complained
that many members of the political elite claimed that their policies protected women
and yet they never asked women’s opinions prior to making those policies. In this
chapter I intentionally use many direct quotes from my interviews, particularly the
female informants. This gives them an opportunity to share their voices; their
opinions and experiences regarding women's security are very significant and tend to
remain unheard.
Debate about human and women’s security is relatively new to Indonesia. The issue
has become sensitive after many districts implemented Perda Sharia that regulated
women’s dress and behaviour. During the introduction of Perda Sharia, women’s
attire and security has been prominently debated. Debates and discourse about
women’s security has mainly taken place between the supporters and opponents of
Perda Sharia. Some supporters argue that Perda Sharia enhances women's security,
whereas their opponents argue that Perda Sharia creates discrimination against
women, restricting their freedom and threatening their security.
This chapter will explore definitions of human security and women’s security, and
examine the security of women under the implementation of Perda Sharia in the
districts of Cianjur in West Java and Bulukumba in South Sulawesi. This chapter
argues that the concerns and motivations of the mostly male decision makers regarding
the implementation of Perda Sharia is not for enhancing women’s security, but is rather
about their own political ‘security’. Understandings of women’s security among male
150
decision makers are gender biased. Many women become targets, or even victims, and
are merely the object of the regulation.
This chapter is divided into four parts. The first explores the impact of Perda Sharia
on women, particularly on women’s security. The second explains and elaborates
women’s security issues in the Indonesian political context. The third part explores
women’s own experiences and perceptions on security, based on interviews
conducted in 2008. The final part offers a summary and conclusion.
7.2 Perda Sharia and Women’s Security
One objective of Perda Sharia was the enhancement of community morals; this had
implications for perceptions of women regarding their security. Some women
believed that wearing the jilbab ensured greater adherence to religious teachings: a
woman who wears the jilbab is a better Muslim than one who doesn’t. Therefore, it is
not surprising that many women also agreed they felt more secure and respected when
wearing jilbab. They believe they are religiously obliged to wear jilbab. One female
informant said:
If we want to be secure, we have to refer to Islam and respect the local
culture/custom... we are bound by our belief. We have customs, have ethics, a
norm, so we are very grateful living in Islamic country, unlike others. (Yayuk,
female, Cianjur interviewed 21 June 2008)
The women feel secure because they fulfil community expectations and religious
obligations, and conform to gain security. However, they disagreed that the
regulations forced women to wear jilbab. According to them, the woman decides
whether or not she wanst to wear jilbab. In this respect, women have authority and
autonomy in decision-making, and so experience security.
Surprisingly, the majority of female informants accepted the implementation of Perda
Sharia, despite the regulation obliging them to wear jilbab, and restricting them to
some extent. They believe that wearing jilbab is a religious obligation, and the
government regulation on veiling (Perda Sharia) is in accordance with religious
teaching. People support the regulation because they believe the government has the
authority and the right to improve their people by these means. In addition, for
Cianjur, acceptance was also motivated by the fact that Gerbang Marhamah only
151
obliged government staff to wear jilbab during work hours. Thus, it was like a
uniform. For women in general, the regulation was merely a suggestion. Bulukumba’s
Perda Keagamaan, in contrast, not only required government staff but also all of
women in the district to wear jilbab. Some female informants reported carrying
scarves in case of raids, and to wear in public.
Nevertheless, these female informants in general accepted the regulation, they
accepted the state’s role in supporting Islamic values. During the interviews, most
female informants said that they felt more secure since the implementation of Perda
Sharia, for several reasons. First, more people are wearing jilbab and acting more
religiously. Greater religious feeling is ensuring greater comfort and security. Second,
the regulation relating to women’s dress does not involve punishment, particularly in
Cianjur. Third, at the time of my research, the regulation had been in place for more
than three years. Enforcement of the regulation had decreased, and greater flexibility
in choosing to wear the jilbab was apparent. As one female informant related:
The regulation was fully enforced immediately after it was implemented, but
now is not anymore. Thus I feel more secure (Suryani, Bulukumba,
interviewed 29 July 2008).
This decrease in regulation-related raids and pressure several years after Perda Sharia
was first implemented led to feelings of greater security among the female informants.
They were less likely to experience embarrassment from not wearing jilbab.
7.3 Women’s and Minority’s Security
Perda Sharia was introduced in Muslim-majority areas that had Christians and other
minority populations. However, the right to religious freedom and practice was
guaranteed and respected. Community members were very tolerant of existing
differences. Although not many informants mentioned freedom of religious practice,
some non-Muslim informants stated that the implementation of Perda Sharia did not
affect their religious freedom. However, the implementation of Perda Sharia has
increased the number of women wearing jilbab and this made their non-Muslim
appearance more apparent.
Most of the informants agreed that Perda Sharia would give women greater security.
However, some informants argued that Perda Sharia could jeopardise their security
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and their freedom; these were mainly activists were involved in human rights
advocacy, and were a minority in both districts. Other informants agreed with Perda
Sharia, with some reservations. This group included both non-Muslims and Muslims,
who didn’t wear jilbab, but were willing to conform with the regulations in order to
achieve greater security
Christians accepted the implementation of Perda Sharia’s implementation as it only
applied to Muslims. Some complaints and objections arose regarding the
ineffectiveness of Perda Sharia; alcohol consumption was still common, although it
was restricted under the regulation. The obligation to wear jilbab was greater than
expected. As one informant noted:
During the celebration of Indonesian Independence there was marching and
the people who joined the marching had to wear jilbab, no matter they were
Chinese or Christian, including my daughter she had to wear jilbab (although
she is Christian)…for Toraja women, veiling (covering their head) is a sign
for condolence94…it was a bit silly as the marching [by wearing head-veil]
was not religious activity but rather sport (Lewi, Christian Bulukumba,
interviewed 16 June 2008).
During the interviews, Christians did not mention discrimination overtly, and did not
admit to experiencing it. However, I got the impression that they had been subject to
intimidation, harassment and discrimination. As one of the informants said:
We have never experienced intimidation… [however] many people did not
know the regulation [that there are exceptions for non-Muslim], thus
government staff who were Christian and Chinese, including my daughter
have always been reprimanded for not wearing jilbab. However, after they
know that she is my daughter, she has never been reprimanded anymore
(Lewis, Christian, government staff, Bulukumba, interviewed 19 June 2008).
Bulukumba Christians are a minority, with about 50 households, and 200 members.
Although Christians are subjected to unpleasant treatment, they relent and conform
because of their minority status. They want to maintain social tolerance and harmony.
Therefore, they accept Perda Sharia to gain security as a minority group.
Some female government staff who are Muslim but do not regularly wear jilbab,
comply with the regulation by wearing jilbab during work hours. They remove jilbab
after work, and accept the Perda Sharia simply to maintain job security.
94
The Toraja women usually wear head cover called passapu during funeral ceremonies.
153
7.4 Defining Women’s security: the Indonesian Context
The implementation of Perda Sharia is good. It regulates the women how to
behave and to be a good woman… thus women feel more secure and respected
(Yayuk, a homemaker,95 Bulukumba, interview 21 July 2008)
There is no improvement (since the implementation of Perda Sharia) for the
women’s security… in fact that, it could jeopardise women’s security, especially
for women who are not wearing jilbab (Diana, female government staff,
Cianjur, interview 8 April 2008)
The two quotes above illustrate the broad spectrum of women’s opinions regarding
their security. Among the women themselves, opinion differed from support to
refusal, regarding the implication of Perda Sharia on their security. This section will
examine women’s security within the context of Perda Sharia in two districts of
Indonesia: Cianjur in West Java Province and Bulukumba in South Sulawesi. I will
analyse the interviews, and use the Commission of Human Security’s definition of
human security. This chapter will also explore how the opinion and understanding of
informants
regarding
human/women’s
security
discourse
during
the
the
implementation of Perda Sharia, and how the women interviewed conceptualise
human security.
Women’s differing experiences affect their perceptions of security. In the districts
where I conducted research, most of the informants did not have a concept of human
security. Informants had not experienced conflict in their districts, and were not
familiar with the concept of human security. Their understanding mainly reflected
notions of traditional security: freedom from conflict and violence, where ‘peace
means the absence of war’ and ‘security means absence of threats or communal
conflict’. A member of a women’s organisation referred to the implications of Perda
Sharia for the human security:
So far, safe, not that much problems here, no conflict, not that much criminal
acts, and no war,.. so I think there is no problem with [women’s] security”
(Yani, Political Party activist, Cianjur, interviewed, 12 March 2008).
I needed to explain in more detail to the informants about the meaning of human and
women’s security. I did this by explaining to them the definition of human security
95
I intentionally use term homemaker, a gender-neutral term preferred to housewife
154
from the Commission of Human Security (CHS) which is ‘freedom from fear and
freedom from wants’ (CHS 2003). However, the term of ‘freedom’ (kebebasan) and
free (bebas) have negative connotations in these two regions. Thus, most of the
informants argued that freedom would not guarantee women’s security. Instead, as a
woman, they have to limit their freedom and restrain themselves from wants. They
must obey community norms by following religious and social rules, and respect the
local culture. As one female informant from Cianjur said:
We cannot refer to the Western culture that has freedom, a freedom to do
everything… So they are free to express but too far, so, I think it is not even
safe…[we live in] this Islamic country with its rules, well we feel protected,
that our community as it is… although other people [from other country] said
that it is monotonous, but in terms of security, I think so secure (Yani,
interviewed 14 03 2008).
Women feel secure as long as they conform to community expectations of their
behaviour and attire. In Cianjur and Bulukumba, the term ‘freedom’ has negative
connotations, which according to some informants are associated with western culture.
These freedoms are incompatible with local culture and local wisdom. Some
Indonesian terminology that uses the word ‘free’ or ‘freedom’ (bebas/kebebasan) has
negative connotations such as sex bebas (free sex), budaya bebas (free culture),
pergaulan bebas (promiscuity). During the interviews, some informants used terms
that refer to independence, self-determination, and autonomy, which have more
positive connotations than ‘freedom’. These terms express a freedom with limitations.
These terms also allow women greater agency.
Notions about women’s agency have a strong correlation with ‘choice’, in the sense
that the individual is free to choose to act or not to act, and in doing so, to select
whatever action she desires or may discriminate between different available options
and pick the most suitable (Hughes 2002:83).
Furthermore, Gammeloft (2001,
1999;6) also broadly defined agency as ‘an individual making active choices’.
However, agency is always conditioned by either the local or wider sociocultural,
economic and political context - such as cultural perceptions (Gammeltoft 2001).
Most agency is taken to mean that individuals make decisions based on their available
choices within the limits of their constraints.
155
Sherry Ortner (2006) explained agency as a form of power including the
empowerment of the subject, the dominance of others, the resistance to domination
and so forth. Agency is a form of intention and desire, as the pursuit of goals and the
enactment of projects. However, there is always a possibility of exercising agency.
Defined in this way, every culture, every subculture constructs its own forms of
agency (Ortner 2006).
With regard to women’s security, agency is related to autonomy, that is how women
understand and deal with (security) situations, by selecting the most suitable choices
among the available possibilities within the constraints of local sociocultural,
economic, or even political context, which can be thought of as local wisdom. In
exercising agency women are using their local wisdom. Thus, women understand
human security not as a freedom but more as an authority to act or to choose within
the constraints of local wisdom.
With regard to women’s security, I see agency is related to autonomy, that is how
women understand and deal with (security) situation, by selecting the most suitable
choice among the available possibilities within the constraints of local sociocultural,
economic, or even political context, which I call it local wisdom. Thus, the women
understand the human security concept is not as a freedom but more as an authority to
act or to choose by always considering the local wisdom.
Therefore, each time informants use the term freedom, they always emphasise an
associated ‘limit’ (kebebasan yang terbatas). Apart from that, women think that if
they are given freedom, to some extent they are being abandoned (di biarkan, tidak
dipedulikan).
As questions about security were considered rather awkward in no-conflict areas like
Cianjur and Bulukumba, I used more familiar terms that the informants associated
with security, such as, rasa aman or keamanan. These terms suggest safety,
protection, peace, comfort and security, and I used these alternative terms to question
informants about human and women’s security.
156
The CHS definition of human security emphasises freedom and is not fully applicable
in the two districts, where women prefer to practice ‘restraint’, ‘self-control’ and
‘autonomy’ as well as ‘refrain’ from certain behaviours to gain security. Discourse on
human security is not familiar to the Indonesian public; even the government has
failed to promote discourse on the subject, and lacks a good understanding of it. Thus,
many regulations are implemented that jeopardise both human and women’s security.
These regulations are confirmed by the community. The western cultural context was
the background of the definition on human security developed by the Commission on
Human Security (CHS 2003), contrasts with local wisdom and local cultural values
regarding women’s experience in the districts where the research was conducted. It is
not surprising, therefore, that most informants disagreed with the concept of human
and women’s security as stated by CHS. Standards cannot be generalised, and local
wisdom must be respected. Therefore, understanding local wisdom and culture is vital
to conceptualise human and women’s security so that local communities will gain
familiarity and acceptance.
Differing perceptions regarding the definition of security obviously depend upon who
has the political resources and power to control their circumstances. In a patriarchal
society such as Indonesia, men have a much stronger position and more power than
women. In addition, the men who have the authority to impose definitions of security
very often ignore the women’s concerns. As Hara (2007) has stated, many policies
have been based on ‘masculinist-dominant’ discourses. These discourses produce,
strengthen and uphold gendered conditions of human insecurity. In the districts,
where the men dominate the district parliament, regional regulations are based on
male perceptions about women. For example, security is defined as security from
immoral activities. In turn, these immoral activities are defined as being caused and
initiated by women’s behaviours and fashions (Hara 2007). Therefore, according to
this masculinist perspective, moral regulations should control women’s behaviour and
how a women should perform in order to be a ‘good woman’ (sholehah).
Accordingly, male-dominated parliaments in some districts produce regulations that
oblige women to wear jilbab, or impose night-time curfews. There is also an implied
threat. Women who do not conform to the regulations will lack security and will be
considered to have a bad moral standing. These assumptions mainly refer to Hadith or
157
a section in Alqur’an, which were interpreted under the strong influence of patriarchal
values. As one Islamic scholar and the head of MUI96 in Cianjur, Kyai Halim, states:
In the Hadith, it is clearly stated,’The most devout people are the people who
respect the women”. And the regulation about jilbab is aimed to respect
women…veiled women is a good sign and it means good women [sholehah]
(Kyai Halim, the Head of MUI Cianjur, interviewed 02 February 2008).
Most informants, including the women, understood that by having good morals they
would be respected. They would be safe from assault or harassment, and would thus
feel more secure. Good moral standards are based on ‘masculinist-dominant’
discourses. This understanding, which reflects local culture and religious teaching,
and was interpreted from a patriarchal perspective, has been taught from generation to
generation and is now common-practice. Below a male religious leader,Kyai Choirul,
explains the need for patriarchal moral standards:
Do not blame men if women were insulted or harassed, yeah… it is because
women who invite those acts by not covering her whole body (pakaiannya bukabukaan)… it attracts the sexual arousal of men (Kyai Choirul, 13 02 2008).
Women were not considered to be the victim, rather they were blamed for causing
immoral and criminal acts. This attitude derives from moral standards based on a
patriarchal perspective. Moreover, the patriarchal moral standards were believed by
both men and women. Yayuk, a member of the Democratic Party (Partai DemokratPD) in Cianjur related:
Being secure is when we can protect ourselves by dressing modestly; cover our
body properly, so it will not invite other people to act impolitely to us (Yayuk,
Cianjur, interview 09 May 2008).
This shows how a regulation related to women is formed and based on patriarchal
perceptions. These perceptions assume that women will experience sexual harassment
or even rape if they show certain parts of their bodies. Regulations are enacted that
define women’s bodies and their sexuality as dangerous, and need to be secured
(covered). In fact, women’s bodies belong to the women themselves and they should
have rights to their own bodies (Women Research Institute 2007).
Women’s morals thus become core to both community and state security; security
depends upon women’s moral attitude. Women have a responsibility to maintain
96
MUI is acronym of Majelis Ulama Indonesia (Indonesian Council of Ulama)
158
morality by watching her own attitude, because a woman’s attitude reflects the
community’s and the state’s identity and morality. As Kyai Tjamiruddin, the Head of
MUI in Bulukumba states:
The pillar of the state is women who have good morals (perempuan
sholehah) who are able to teach their kids in a good way. If the kids have
good morals, it means the next generation of our state will be good, hence,
our country and state will be good, strong and secure (Kyai Tjamiruddin,
interviewed 07 June 2008).
A woman with good morals is a woman who wears jilbab and Muslimah clothes,
stays at home to serve her husband and children, and is able to educate the children
and manage the home. Some female informants also stated that a good woman should
not abandon her responsibilities at home even if she worked and had a prominent
career outside the house (Yayuk, a homemaker, Bulukumba, interviewed 21 July
2008; Diana, female government staff, Cianjur, interviewed 08 April 2008; Yani,
Political Party activist, Cianjur, interviewed, 12 March 2008). This moral standard is
common to both Cianjur and Bulukumba districts, and is practiced in the community.
Regarding community identity, Bulukumba and Cianjur districts made an Islamic
vision integral to their cultural identity. An Islamic cultural identity lends a good
image to the district. Some informants thought the government implemented Perda
Sharia to hide what really happens in the districts. Implementing Perda Sharia was
symbolic, and represented the district’s good moral health and religiosity. Instead of
addressing urgent issues like corruption and poverty, the government strategy was to
‘sweep them under the carpet’. As Yudi, the Head of LBH (Lembaga Bantuan
Hukum- Legal aid institute) in Cianjur states:
There is no improvement [in community prosperity] since Perda Sharia was
implemented… the aim of the government to implement Perda Sharia was to
hide their scandals and failure to develop this district, besides shifting
[aside] the issues such as corruption and poverty as actual problem that
government faces (Yudi, interviewed 02 April 2008).
A female university student in Cianjur states:
The Gerbang Marhamah regulation was simply a symbol. Someone outside
Cianjur would say “wow…there is Gerbang Marhamah in Cianjur”, but we
who live in Cianjur already know that there is no difference before and after
the implementation of the regulation, it's just a symbol, in order to make sure
Cianjur was still regarded as ‘a city of devout muslims‘ (kota santri) (Ulfa,
interviewed 02 March 2008).
159
Since the regulations were only symbolic, the people experienced no significant
change. Moreover, the government proved that such regulations were only effective
by enforcing regulations that targeted women, such as those concerning jilbab and
Muslimah clothes. These regulations directly affected women and made women
symbols of identity. For instance, Bulukumba district enacted regulations which
obliged all female civil servants to wear a veil (jilbab). The regulation also forced all
female staff to wear jilbab during working hours, as well as female students and
teachers in schools, and all female citizens who needed services from the district’s
institutions. Other regulations, such as those regarding zakat, on reading Qur’an, were
not fully enforced. As Mulia (2001) has explained, historically, every country that
implements Sharia law began its political programme by controlling women’s rights.
She sees this as a political shortcut to legitimacy by making Islam symbolic. Women
were easy targets because they were disorganised and subservient to patriarchal
values (Mulia 2001).
Research conducted by the Women’s Research Institute (Women Research Institute
2007) revealed that the parliament in Banda Aceh municipality proposed regulations
to elect village leaders based on selected religious teachings. This closed any
opportunity for women to become leaders. One article of the regulation states that
leaders must be capable of leading Islamic prayers. In Islamic teaching, this generally
means only an adult male97. The above interpretations illustrate how Islamic culture
reinforces local patriarchal values. Consequently, public space is closed to women
(Women Research Institute 2007). Patriarchal social structure has been strengthened
by sacrificing women’s rights and freedom. Mulia (2001) has also argued that Islam
in general, and Sharia law in particular, has been deliberately misused to discriminate
against women.
97
The Islamic teaching that determined it is only the man, who can lead prayers, has been debated by Muslim
activists, especially since Amina Wadud led Friday prayers in America and UK (BBC News 2005, 2008)
160
7.5 Women Define Women’s Security
The definition of security expressed by women is varied and mainly related to their
experiences, daily problems and needs. Yayuk, a homemaker from Bulukumba stated:
Being secure to me is when I have a harmonious family in which there is no
conflict between a husband and a wife nor [between parents and] the kids as
well as [between the family] and the community (Yayuk, interviewed 09 May
2008).
Most women considered the family as the core of their security concerns. It was
commonly
believed that criminals came from disharmonious families. Security
within a family influenced security for the whole community (Yani, interviewed 27
July 2008). Therefore, women would often maintain family harmony by sacrificing
themselves as the victims of domestic violence. Bearing this in mind, the enforcement
of regulations protecting women from domestic violence, such as Against Domestic
Violence Law (UU KDRT-Undang-Undang Kekerasan Dalam Rumah Tangga), is of
paramount importance to ensure women’s security inside families.
Some informants also considered security as freedom, as narrated by a homemaker in,
Cianjur:
I feel secure when my husband gives me autonomy freedom and does not
easily suspect me, because if we get more freedom, we will be more
responsible (Anita, interviewed 07 April 2008).
Trust is vital to women’ security. When women are trusted they will feel secure. The
freedom to express feelings and their fashion sense by referring to local norms is
considered to be part of security. Some informants explained that although they did
not wear jilbab, they knew how to behave in eastern cultures. Although not wearing
jilbab does not preclude polite behaviour, they are aware that this will result in more
insults and teasing.. A female university student said:
I feel secure when I could walk and no one [boy] whistles or stares at me,
even when I am wearing a skirt or tight pants and a short T-shirt (Ayu,
interviewed, 7 04 2008).
Economic security is also important. Insufficient finances could lead to family
conflict, or could trigger criminal activity in the community, which would eventually
affect women’s security. Yayuk, a homemaker who is also active in a women’s
161
organisation explained, ‘I feel secure when I have sufficient money to feed my
family’.
Remaining safe from criminal activity and conflicts have become the main factors in
security. Thus, law enforcement by the police to reduce criminal actions and to
guarantee security within the community is extremely important. One informant
explained: ‘I feel secure when there is no conflict within the community. In the last
few years, there were so many conflicts among the members of community in
different villages in this district’ (Nanik, a homemaker, Bulukumba, interviewed 26
July 2008).
7.6 The Politics of Human Security
Political security is one of seven dimensions of human security. According to
Hoogensen and Stuvøy (2006) a feminist approach would identify dominant and nondominant relations based on race, ethnicity and class, which are ignored by the
dominant paradigms, and integrate these with human security. Feminist perspectives
enrich approaches to human security by uncovering fundamental power relations and
inequalities created by gender discourses that place women in weaker positions than
men (Hoogensen & Stuvøy 2006). McKay (2004) listed some problems that women
should address, including: women’s lack of decision-making authority within political
and economic systems, the inability to participate in elections and public life, the
phenomenon of religious-based oppression. These are the sources of structural
violence experienced by women (McKay 2004, p. 161).
In Cianjur and Bulukumba, the implementation of Perda Sharia did not improve
unequal power relations between men and women. Most policies were made by men,
and ignored women’s opinions and interests. This was admitted by a compiler of the
strategic plan (Renstra) of Perda Sharia in Cianjur:
There are many women in high positions as government staff [and eligible to
be involved in the regulation making process], but we simply forget to
involve them in the decision making process of Perda Sharia (Guguh, the
compilers of Perda Sharia, Cianjur, interviewed 07 March 2008).
It is clear that women are invisible, particularly in political contexts. They are not
considered to be active agents with aspirations or concerns about their situation, and
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are not actively involved in overcoming their marginal condition in society. Further,
women have always been ignored and their accessiblity has been unrecognised.
Consequently, policies have been made by men. Policies that were supposed to
protect women have instead undermined their security. I have included women’s
accounts of their own experiences in this analysis to give them a ‘voice’. Women’s
experience and opinion regarding Perda Sharia is critical to any assessment of
whether these district government regulations serve to ‘secure and protect’ or in fact
jeopardise women’s security.
A female member of the DPRD in Cianjur mentioned that the participation of women
in the decision-making process is urgently required, to define their wants, concerns,
interests and needs. She related:
Women have so many problems. In order to protect women, the government
tried to enact regulations… however women have never been involved in the
decision making process, consequently the regulation became ineffective and
failed to solve the intended problem (Titin, interviewed 15 March 2008).
Excluding women from the political and decision-making processes has the potential
to threaten their security. In Indonesia, however, women’s representation in political
institutions is still minimal, as indicated in the following table.
Table 2: Women in Formal Political Institutions in Indonesia 2009-2011
Institution
Women
Total % Men
Total %
DPD
(Regional
Representatives 34
Council)
DPR (The House of Representatives) 101
25.75%
98
74.25%
18%
459
82%
Minister
3
7.7%
36
92.3%
State Audit Board
0
0%
7
100%
National Election Commission
2
28.6%
5
71.4%
Governor (provincial level)
1
3%
33
97
4%
440
96
Mayor/Head
of
(municipality/regency)
District 18
Civil servant echelon I, II, III, IV
1.807.472 44.50%
2.254.382 45.50%
Source: Data compiled from various resources (Cattleya 2010; Parawansa 2005;
UNDP 2010).
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The data clearly shows that, in Indonesia, female representation in the political arena
in executive, judicial, or legislative branches is far less than men’s. At the provincial
and district level, female representation is even lower compared to men’s. It seems
that patriarchal values, which are widely shared by most cultures and ethnic groups in
Indonesia, significantly contribute to this situation. The difference between the DPD
and the DPR-RI (higher percentage of DPD members than of DPR RI) suggests that
part of the problem rests with the political parties and who they nominate for
parliament. The DPD 2004-2009 was a non-party institution, as its members were not
nominated by political parties (Solopos.com 2010). Whereas low female
representation among Bupati, Walikota and governors might suggest that the more
local the political process is, the more patriarchal it becomes.
According to Yudi (KPU Cianjur, interview 29 March 2008), the former head of
KPUD Cianjur, the 2004 election resulted in 17 seats for Golkar, eight each for PDIP,
eight seats for PPP, four seats for PD, three seats each for PKB and PKS, and two
seats for PBB. From 45 seats, the female Members of Parliament numbered only
eight, or 17.8 per cent. In 2009, the members of female DPRD in Cianjur were nine
out of 50 members or 18 per cent (Badan Pusat Statistik 2010a). Bulukumba has only
one female parliament member or only 2.8 per cent of 35 members (Badan Pusat
Statistik 2010b). The number of women representatives in Parliament is still minimal
despite the support of election law No. 12/2003, nominating 30 per cent minimum for
female candidates for parliament. This situation has been aggravated by the lack of
gender sensitivity among some female members of the legislature. They neither
encourage nor empower other women, and failed to make policies in line with
women’s perspectives. It is common practice in Indonesia where women do not
support female candidate. Titien, a former female member of DPRD in Cianjur,
describes her experience as the only female candidate for vice-Bupati in the 2006
election:
Sometimes even though a woman, does not always vote for woman... my
candidature as a vice-Bupati was as a test case of whether women would
support a woman... in fact, they did not [women did not vote for the female
candidate], because the hegemony of the political party [which was mainly
dominated by men] (Titien, interviewed 14 March 2008).
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It is vital that women vote for women, to ensure more female representatives in
politics. However, women have so far voted for men. A female government staffer in
Bulukumba stated:
I prefer to vote for a male rather than a female if there are two candidates.
Because a male is tougher and more disciplined in implementing regulations
(Irma, interview 09 May 2008).
Patriarchal values have been internalised and embedded in women’s minds. I call this
‘patriarchalisation’. ‘Patriarchalisation’ is a male-dominated process in all aspects of
life which are socialised systematically and incessantly. Thus, if an idea or act is not
in line with patriarchal values, the community, and particularly women, will refuse to
adopt or accept the idea or act, as patriarchal ideology has been embedded in the
community.
Women’s position is underestimated by the opinions of some Islamic scholars. They
have banned women from leadership positions by referring to a Hadith whose validity
is in question. Such opinions, no doubt, have threatened women who seek more active
political roles. In a few cases, some Islamic scholars intentionally used the Hadith to
justify their arguments to support male candidates. During Pilkada 2004, Titien, a
member of parliament in Cianjur from PPP and a female, stood as a candidate.
However, she was not fully supported by her political party. Rumours also spread
against her candidature. The MUI distributed a letter to mosques and Islamic boarding
schools (pesantren) asking people not to vote for female candidates. The letter cited
some Hadith to discredit female leadership (Yani, Political Party activist, Cianjur,
interviewed, 12 March
2008; Titien, female member of parliament, Cianjur,
interviewed 14 March 2008). Religious texts must be reinterpreted urgently to
guarantee equal access to political power for women.
Women’s representation in political institutions is necessary to ensure that their needs
and concerns are discussed, and their problems are solved. Tinker (2004) argued that
the participation of women in the legislature would make a difference because women
tend to address issues of daily concern to voters and attempt to make women-friendly
policy. Recent studies have shown a correlation between significant participation rates
of women in government and lower levels of corruption in both the national and local
governments (Tinker 2004).
165
In order to increase women’s representation in the parliament, in 2003 the Indonesian
government passed the Law on General Election No. 12/2003. Article 65 section (1)
of the Law stated that the political party shall include at least 30 per cent of women in
the party’s list of legislative candidates. However, some female informants
complained that, during the general election 2004, the political parties usually
complied with the Law in a manipulative way. The parties indeed fulfilled the 30 per
cent quota for female candidates as required by the Law, but they placed the women
in lower ranks in the candidate list (very often below rank three). As the constituents
voted for the political parties, and the appointment of the legislative candidate was
determined by the political parties based on the rank of preference, most women who
were in the lower rank were not selected. However, this Law was revoked and
substituted by the Law No. 10/2008 which no longer used rank preference in
appointing legislators. Instead, the General Election Commission determines and
appoints the members of parliament based on popular votes.
Some female informants also explained that they were not involved in the political
process in the government and parliament despite those processes relating to their
interests, concerns and their expertise, and despite it being their right to participate in
the political process, including parliamentary hearings. (Susi, NGO activist, Cianjur,
interviewed 05 March 2008).
7.7 Enhancing Security
Different informants use different strategies to gain security. Conforming to and
compromising with the regulation to gain security are common strategies. In this
respect, women tried to conform to the regulations by not only wearing jilbab even
when they didn’t want to, but also by restricting themselves from going out from their
homes. This avoided public shame because they were considered breaking the law, as
explained by Wiwn, a homemaker from Cianjur:
I preferred to stay at home because the former Bupati often went to the
streets and distributed jilbab to the unveiled women while speaking through
a loud speaker to encourage women to wear veils, it made me ashamed
(Wiwin, interview 14 March 2008).
166
Moreover, the influence of broader social pressures along with Perda Sharia ensured
women always tried to conform to the regulation. Although there was no legal
punishment for women who rejected the regulation, social pressure and community
control were more powerful restraints.
Most of the female informants accepted the implementation of Perda Sharia, as men
did. Nevertheless, the above discussions show that the perception of the maledominated policy makers about security differs greatly from that of women, who are
directly affected by the policy. However, the similar perceptions among woman and
the male policy makers concerning security, ensures the effectiveness of the
regulation. Policy makers should listen to the aspirations of the population,
particularly women, as they are the primary target group of the policy. Women should
be considered as active agents, concerned with their own problems and knowing their
own needs. Women should be the subjects, not the objects of the policy. A
participatory approach should be used to understand what women want in relation to
their security. Policy makers should understand that gender equality is a core
component of human rights. Gender-based abuses are also human rights abuses, and
affect security. We must acknowledge the difficulty of gaining recognition for gender
equality and human rights in the two districts studied. Such issues can threaten
decision-makers’ political positions, along with cultural and religious values.
Women’s capabilities must be acknowledged to ensure security and respect. Such
acknowledgment could come from the family members, such as the husband, or from
workplace colleagues. An acknowledgment could include recognition of skills and
capabilities. Giving women freedom and accountability would be a powerful form of
acknowledgment, so that women can take responsibility and be accountable for their
own actions. A female member of DPRD explained that some of her colleagues, who
are mainly male, underestimated her simply because she is a woman:
I feel secure when I am respected based on my capability, so far, women are
always underestimated... As a member of parliament, sometimes, I feel
threatened, especially because I am active and critical… You know, most
leaders of the political parties are men, and they are worried if female
(politicians) have strong influences in the community. They are worried if
they will be defeated (in the election) by female candidates because women
have the advantage of being closer to the community more easily (Titin,
Member of Parliament Cianjur, interviewed 15 March 2008))
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Some women suggested the government should only enact regulations aimed at
ensuring women’s security, such as the regulations on domestic violence, based on
the women’s perspective. To do this, the involvement of women in the political
process is inevitable and urgently required. As explained earlier, human security,
particularly women’s security, offers two general strategies: protection and
empowerment. Protection shields people from dangers and this requires concerted
efforts to develop norms, processes and institutions that systematically address
insecurities. Empowerment enables people to develop their potential and become full
participants in decision-making (CHS 2003).
7.8 The Effect of Perda Sharia on Women’s Security
In this section I will discuss how the implementation of Perda Sharia has affected
women and how women have dealt with these effects. First I will explain the
regulations that directly affected women, and their impact, and then I will explore
how women have dealt with these effects.
Some of the Perda Sharia negatively affected women because of regulations
restricting public dress. For instance, in Cianjur district, the district government
issued Surat Edaran Bupati No. 025/3643/Org, concerning government staff wearing
Islamic dress, particularly on Friday. Further, the district government issued another
letter on 29 August 2003, Surat Edaran No. 061/2896/Org, about working hours, and
Islamic uniform that must be worn during working hours. The uniform for male staff
was the usual long pants and shirt, however female staff were obliged to wear long
skirts and long-sleeved shirt and head veil (jilbab). The regulation has not only
affected government staff but also school children who studied in the public senior
high school, as well as female teachers and staff in the school. One school that has
strictly implemented the regulation about wearing jilbab is SMU I, the most popular
school in Cianjur, while other schools have just encouraged female students and
teachers to wear it.
To enforce these regulations, the government, district police and militant groups often
raided public places. The raids often occurred during campaigns for Perda Sharia, or
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when the government was in the process of legislating the Perda. At this time, some
militant groups who claimed to be supporters of Sharia often held raids in public
spaces, such as around street food stalls (warung) and medical clinics, to ensure that
women wore the jilbab. However, the raids were for political effect, and were not
ongoing. In some cases, a raid ended with violence. A homemaker from Bulukumba
stated:
One day there was a raid in the medical clinic, the women ran away, and
some of them fell down into the gutter and then were hit by the militants
(Ani, interviewed 23 May 2008).
It seems that government, police or militant actions to enforce the regulations, in fact
threatened human security, and particularly women’s security. Although the
regulations did not punish women for not wearing jilbab, some community members
supposed the regulation gave them authority to ‘punish’ women. This ‘punishment’
was not only meted out by community members, but the regulation itself was
considered a punishment for women who were not used to wearing jilbab. As Yuli, a
government official in Cianjur explains:
Actually I am not veiled except at work. I felt uncomfortable because I am
not used to it, and some people see me negatively because I suddenly wore
jilbab, but I can do nothing, I must follow the regulation, it is
compulsory...(Yuli, 03 March 2008)
It seems that Yuli received two ‘punishments’: first, from the community and second
from the regulation. Yuli explained that, since she wore jilbab, some people were
supercilious towards her. They considered that as her attitude towards wearing jilbab
had not changed, it was not ‘appropriate’ for her to wear it now. Most of community
members in her area believe that women who wear jilbab are the only devout or pious
women. They need to have changed their attitude to become a better Muslim woman.
However, Yuli did not change her attitude; and behaved as she did prior to wearing
jilbab. In additional, the regulation punished her by ‘forcing’ her to wear jilbab, and
ignoring whether or not she felt comfortable. Even though she was not comfortable
wearing jilbab, she tried to conform to the regulation by wearing it, as she feared
losing her job.
The regulation restricted women’s work hours by asking them to go home earlier than
men. However, some informants did not feel disadvantaged by this, as they still got a
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similar wage. In Indonesia, particularly for unskilled jobs, wages are not calculated
per-hour, but per day.
The regulations also built awareness and created community justification to enforce
the regulations by reminding others of the requirements. The Perda Sharia also
become a means of control and a reference point for moral standards. A government
staff member related:
By implementing Gerbang Marhamah, we have to become better [person],
especially the leaders. For instance, last time [before the implementation of
GM] every Friday the government staff such as Pak Camat [the head of sub
district] went fishing, but now they will do it reluctantly (sungkan) and [prefer
to] do Friday prayer (jumatan), because of fear of being reminded by his staff
and the community (Pipih, government staff pensioner, Cianjur 2008)
In addition, Perda Sharia made women policy objects and targets. For instance, in the
book of ‘the Guidelines Material for the [good moral] Islamic teachings (Garis-Garis
Besar Materi Penyuluhan-GBMP98)’ about such issues as supporting harmonious
families (Keluarga Sakinah) (LPPI 2003). Keluarga sakinah, as explained in the
book, reflects government intervention in creating a meaning of family, which is
gender biased. This is particularly pertinent to the definition of ‘good women’
(perempuan shalihah). The book explains that the husband is the leader of the family
and the wife must be obedient and submissive to her husband, as she is submissive to
God. In the book, explanation of the wife’s obligations was twice the length of the
husband’s. The guidelines reflect how the government sought to control women’s
behaviour and family role.
The government’s role in controlling women in Indonesia has occurred over a long
time. For instance, Suharto’s New Order exercised gendered power through policies
such as family planning and the state control of women’s organisations in a familial
model that registered male authority (Robinson 2008). This gendered power denoted
Indonesian women as subordinate to men within the family and state. Women’s,
primary civic duties were performed as wives and mothers (Robinson 2008). In
addition, Siahaan (2003) argued that the New Order regime extended and politicised
98
GBMP is a guideline book for Islamic preachers for promoting the implementation of perda sharia in Cianjur.
The book consists of material on Islamic teachings including how to develop an harmonious Islamic family, which
is gender biased
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gender by intensively reproducing the image of ‘good women’ merely as mothers and
wives in its development policies and strategies. Women’s citizenship was maternal
citizenship, and second-class citizenship. Difference from men was located in their
kodrat (biologically specific nature), assumed to be God-given and sanctioned by
Islam (Robinson 2008). This ideology was central to the New Order: the Azas
kekeluargaan, the family foundation of the state (Robinson 2008).
The family foundation concept originated in Javanese nationalism, and was based in
the revitalisation of Javanese culture. It is an inherently hierarchical idea of family,
based on the parent-child relationship in the kawula-gusti (slave-master) model: a
family state with the ‘wise father’, the caring mother, and their children who know
their places, duties and responsibilities (Shiraishi 1997).
Suharto’s regime further aimed to adopt policies restricting possibilities for women’s
social participation and political agency through state-sponsored practices organised
around the dominant female role as wife and mother. The notion of women’s social
roles being based on their biological nature was expressed by the concept of kodrat
wanita (Robinson 2008). According to kodrat wanita, women’s social role was based
on their biological capacity, particularly their reproductive capability (Robinson
2008). In addition, New Order gender ideology rendered the family as a cornerstone
of the nation and valorised the wife as the pendamping suami –the companion at the
husband’s side. This idea has been linked to the expression of gender ideology in elite
Javanese circles: the wife as the konco wingking or background companion (Robinson
2008).
Male hegemony and domination was not limited to the public world of politics,
administration and the formal economy, but was also formally extended into the
family and household (Robinson 2008). Based on the 1974 Marriage Law, men were
officially designated the heads of household, while women were the housekeepers,
which is paradoxical given that women have been contributing to the economic sector
significantly to sustain the household (Robinson 2008). Suharto’s policies, based on
patriarchal ideology, have been internalised socially. This is particularly in relation to
171
women and their behaviour and attitude in response to policy, and to their critical
capacity.
It seems that Suharto’s gender ideology developed in a framework of secular and
somewhat militarised authoritarianism. It had a quasi-Javanese feudal dimension, but
it did not seek legitimacy in Islam. Further, Suharto’s ideology included elements of
Animism, which reflected the cultures of Central Java and East Java. However, Perda
Sharia was mainly been implemented outside both these provinces. Suharto’s
imposition of an authoritarian gender ideology was a top-down enforcement of central
government policy, whereas Perda Sharia was implemented at district government
level. Suharto’s ideology was more of a rationalisation of the development ideology
which located women as companions (konco wingking) and as second class.
The division of labour between husband and wife used an economic and more secular
approach. However, Perda Sharia was not javanisation but more arabisation and did
not become national policy. Perda Sharia was implemented because of the political
dynamics at local levels, and it was created from the aspirations and ideas of local
elites. The rationalisation of Perda Sharia ideology, in terms of controlling women,
differs from Suharto’s. Perda Sharia positions women as moral models, responsible
for instilling good morals in children. The nation’s crisis was caused by a moral crisis.
In this sense Suharto’s ideology differed from Perda Sharia. However, Suharto’s
approach and Perda Sharia are both examples of how the state attempted to control
women’s behaviour even though their ideological frameworks were different. Despite
their differences in ideology, Perda Sharia aims to maintain the morality of the nation
whereas Suharto supported development and the economy. However, the
consequences for women seem to be the same: domestication. Some female
informants also argued that their security depended on male protection. Anisa, a
member of a women’s organisation, related:
I feel safe if there is a man, so I feel there is someone who guards and
protects me (Anisa, a member of a women’s organisation, Cianjur,
interviewed 23 April 2008)
In terms of the implementation of Perda Sharia in Cianjur and Bulukumba, many
women believe that restrictions on dress are rules from God, and should be followed
and obeyed. Some also believe that government activity and policy are good, as the
172
role of government is to manage its people so that they are good. As a female teacher
stated:
I think Gerbang Marhamah is good, because it regulates people to have
good morals, especially women, to make them wear jilbab. I simply trust the
government, it is government’s role to make its populace [have] good
[moral] (Unik, interview 24 April 2008)
These opinions could result from a lack of understanding and awareness about
women’s rights, along with a lack of critical capacity (daya kritis) regarding the
situation. The culture, government policy and the interpretation of religious teaching
each play an important role in shaping women’s attitudes. These three elements play a
significant role, overlapping, ‘hand in hand’, supporting patriarchal ideology and
jeopardising women’s position.
Even though Suharto’s gender policies were implemented from the 1970s, and Perda
Sharia was implemented in the early 2000s, both of the policies were similar in their
regulation and control of women’s behavior, according to patriarchal ideology, and to
their neglect of women’s interests and perspectives. However, Perda Sharia seems to
be more religious than Suharto’s policy, which was more secular and used a Javanese
culture approach. The New Order regime, to some extent, also used Javanese religious
ideas in its ideology. For instance, women’s difference from men was located in their
kodrat (biologically specific nature), which is assumed to be God-given and
sanctioned by Islam. However, based on anthropological research, Robinson (2008, p
125) argued:
It is difficult to distinguish adat (custom, tradition) as an autonomous or
origin domain of social practice due to the impact of world religious
traditions—in particular Islam but also Christianity, and to lesser extent,
Hinduism—and other historical influences including colonialism and global
capitalism. Such ‘cultural flows’ have profoundly influenced the
conceptualization of gender differences (Robinson, 2008, p 125).
I would argue that Suharto’s policy, which expressed male hegemony, and Perda
Sharia, which restricted and controlled women’s behaviour were similar regarding the
imposition of male hegemony and patriarchal ideology on women. Both positioned
173
women as policy targets, even though those policies differed in their implementation.
However, the supporters of Perda Sharia believe that the implementation of Perda
Sharia was to protect women’s dignity and to improve women’s security.
District governments tended to restrict and control women’s behaviour, particularly
how they dressed in public. Mulia (2001) has observed that, historically, every
country that implemented Sharia law began its political programme by controlling
women’s rights. She sees this as a political shortcut to achieve legitimacy by making
women a symbol of Islam. In most Muslim societies the cultural articulation of
patriarchy through the structures, social mores, laws, and political powers has been
justified by reference to Islam and Islamic doctrine (Hassan, 1990; Shaheed, 1994). In
addition, the interlocking of religion with law and customs has profound
repercussions for women, affecting them negatively and disproportionately in
comparison to men (Shaheed 1994). Women have been easy targets because they
were disorganised and still subservient to patriarchal values (Mulia 2001). In relation
to the implementation of Perda Sharia, it seems that Perda Sharia regulations tend to
impose symbolic conformity on the behaviour of women, but abuse women’s rights.
Hosen (2007) explained that many Muslim scholars believe that Sharia addresses the
fundamentals of human rights such as dignity and brotherhood; equality among
members of the community (without distinction on the basis of race, colour or class),
respect for the honour, reputation and family of each individual, the right of each
individual to be presumed innocent until proven guilty, and individual freedom. This
position suggests that Islamic law protects human rights including women’s rights.
7.9 Women’s Security-Related Issues
The above discussion shows that regional autonomy, which is supposed to give more
opportunity for political participation to people in the district, does not guarantee
women’s involvement in either politics or decision-making. Yet, regional autonomy
empowers conservative cultural and religious groups and their patriarchal values.
Consequently, district governments produce regulations, such as Perda Sharia, that
were insensitive to, and not supportive of, women. Hence, regulations made in
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patriarchal society, have produced direct and indirect violence against women. This,
then, threatens women’s security.
Some problems that are faced by women and related to Islamic Sharia are not
regulated under Perda Sharia. These include nikah sirri99 (illegal marriage), nikah
mut’ah100 (contract marriage), female migrant workers and human trafficking. The
case of female migrant workers in Cianjur is an important issue because Cianjur was
the third biggest female worker supplier in West Java province. These women mainly
worked in the Middle East. I would argue that this issue is related to Islamic Sharia
because Islam teaches respect for human beings, men and women, equally as well as
respect for human rights. Apart from that, most female migrant workers are Muslim
and working in Muslim countries in the Middle East and in Malaysia. In the case of
female migrant workers, their rights are often violated. This happens because most of
the workers do not have sufficient education and skills. Many of them face problems
such as sexual harassment and assault, being paid below standard rates, exploitation
and trafficking. The government does not regulate to properly protect workers’ rights.
A female member of parliament recalled:
Actually, we have had a regional regulation on migrant workers, but it is out
of date. When we made it, we only involved the stakeholders such as PJTKI
(migrant workers agency), but excluded migrant workers… may be it is the
weakness because we did not involve migrant workers so we did not know
their problems and complaints (Titien, female parliament member Cianjur,
interviewed 14 March 2008)
Presumably, the supporters of Perda Sharia believe that the regulations do improve
women’s security. However, in fact, the district governments have introduced Perda
that seek to control women’s behaviour, but have not done anything to protect
women’s rights. None of the regulations improve women’s condition, or protect
women’s rights. Instead, they restrict and discriminate against women.
99
Nikah sirri is a marriage, which is not registered in the Religious affair (Kantor Urusan Agama), but legal
according to Islamic teaching.
100
Nikah Mut’ah is a contract marriage between a male and female based on specific agreement, such as the
duration of marriage and payment on certain amount of money. Usually, nikah mutah involves a local female who
usually from poor family, or sexual worker with foreigner, most of them from Middle Esat, who visit Indonesia.
The nikah Mutah could be for one day to years depend on the agreement. As the marriage was not registered with
the religious authorities, hence this marriage categorized as illegal marriage. Usually after the duration of the
marriage finished, the male leaves the female, even though, in some cases, the woman has become pregnant. Nikah
Mut’ah in Indonesia stills a matter of debate whether it is legal under Islam or not. The majority Muslim scholars
(Ulama’) in Indonesia argued that nikah Mut’ah is illegal (haram) in Islam because being considered to give
disadvantage (mudharat), particularly for women and her kids and is not accordance with the aim of marriage. And
some consider it as a prostitution
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The practice of nikah sirri (illegal marriage) prevailed, particularly in villages,
because of the high cost of weddings. Consequently, women have no legal evidence if
there is a problem in their marriage. They could not obtain birth certificates for their
children. For instance, in the village of Maleber-Baros, Cianjur, about 80 per cent of
couples undertook nikah sirri, and did not have marriage certificate (Rahima 2005).
In Bulukumba, where regulation No. 6/2003 said that students, brides and grooms
must be able to read AlQur’an (Pandai Baca Qur’an bagi Siswa dan Calon
Pengantin), people were reluctant to marry legally. In some cases, some couples had
to pay additional fees if they want to get married but were unable to read AlQur’an
(Sarina, homemaker Desa Padang, Bulukumba, interviewed 17 July 2008).
Another form of marriage is known as nikah mut’ah (contract marriage). Nikah
Mut’ah was mainly undertaken for economic reasons. Most participants were single
parents with children, and most grooms were from the Middle East. Nikah mut’ah’s
occurrence in Cianjur was high, and some female informants argued that the
government should address this issue as a way of protetcing women’s rights,
especially given nikah mut’ah is religious-based
In Cianjur and Bulukumba, brothels were closed and prostitution banned in the name
of Perda Sharia. When brothels were closed in Gadod village (Cianjur) near Ramadan
(the fasting month), many of the prostitutes moved to other places (Rahima 2005).
NGOs, such as Rahima Foundation, Indonesian Women Coalition (KPI) who
advocated for women’s rights and HIV/AIDS, believed that by closing the brothels,
where some of the prostitutes were HIV/AIDS positive, HIV/AIDS would become
more prevalent if they were unable to monitor, educate and advocate for prostitutes
(Rahima 2005).
Many policies were insensitive to women and gender-based issues. Women were
minimally involved in policy making compared to men. For instance, there were only
six female members of parliament out of 45 in Cianjur from 1999 to 2004. Although
this later increased to eight out of 50 (Cianjur dalam Angka 2007) and many women
become leaders and heads of NGOs and other organisations, but they were not
involved in government decision-making processes, even with policies that regulated
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women. Some decision makers argued they thought that it was unnecessary to involve
women in decision making process. Others said that the regulations did not regulate
women specifically and would not disadvantage women, and some said they forgot to
involve women. One senior district government official observed:
I was involved as a consultant concerning Perda Sharia when it was
developed and which has now become Gerbang Marhamah… we simply
forgot to involve women…I do not know why… we did not think about that…
we simply forget that there are women (The Head Department of Information
and Communication, Cianjur, interviewed 03 February 2008)
During the Declaration of Muslim Community (deklarasi bersama umat Islam) to
implement sharia in Cianjur, of the 35 organisations that supported the
implementation of Islamic Sharia, many of them, especially the women’s
organisations were not involved in the decision-making process. They were only
required to sign the petition to support the declaration (Rahimah 2005, interview with
Abah Suhendi 2008).
Gadis Arivia in a discussion forum held by Yayasan Jurnal Perempuan (2008)
mentioned that during her attendance in the parliamentary hearing, when meetings
discussed draft laws, male members of parliament would often interrupt or dispute
such minor topics as the use of colons, semi colons or full stops in the draft law,
instead of focusing on more substantial arguments. In comparison, female members
usually argued about matters of greater substance and urgency.
NGOs did not play a significant role in strengthening women’s awareness of their
rights. Even though there have been many NGOs focused on women, most worked on
a project-basis, and did not coordinate with other NGOs. Some NGOs from outside
the district, such as KPI, had been established, but their role was minimal (Rahima
2005).
Women considered that they needed to behave and dress properly to maintain their
security. They believed that every action had a reaction. In other words, everything
had consequences. Women were told that if they behaved nicely to other people, then
others would do likewise. Anita, a homemaker from Bulukumba, said: ‘I have never
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encountered problems so far. I think, as long as we are nice to others, other people
also would be nice to us’.
Conclusion
Knowing how women understand security is vital, because women’s experiences,
needs and socialisation are different from men’s (Hara 2007). Consequently, men’s
assumption about and understanding of security will differ from women’s. In politics,
this difference can lead to different priorities in both political activities and decisionmaking (Hara 2007). Therefore, it is important to give women a ‘voice’ to express
their experiences, concerns and opinions regarding the issue of their security. By
doing so, the government and parliament would produce women-friendly policies that
can truly ensure women’s security. It is difficult for women to be critical of Perda
Sharia in public for fear of being labelled ‘non-Islamic’. However, by encouraging
women to express their opinions regarding the implications of Perda Sharia their
security may well be enhanced.
As noted in the previous discussion, we cannot impose the Commission of Human
Security’s definition upon the Indonesian context without considering women’s
experience, along with local wisdom. In addition, we cannot simply apply western
standards to assess and examine female security in Indonesia, as most women support
the implementation of Perda Sharia, and do not consider it to jeopardise their
security. However, we cannot ignore the voices of minority group and women who
felt their security was being threatened. The complex meanings of security relate to
women’s experience, and the ability of the state to instil patriarchal ideology and
policy in women’s minds. Although Perda Sharia clearly restricts women, many see it
as something that the government imposes to foster better citizens. Therefore,
advocacy and education on gender equity is necessary. Nevertheless, I argue that the
implementation of Perda Sharia does not enhance women’s security, and to some
extent, even jeopardises women’s security. Male decision-maker understandings of
women’s security are gender biased and do not accord with United Nations policies
on human security. However, women’s understanding and experience regarding
security also is not in accord with the Commission of Human Security’s definition.
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There is a large gap between policy makers’ and women’s experience and opinion
regarding women’s security. First, the representation of women in politics, in this case
in the parliament, is still very limited. This is then exacerbated by the fact that most
male-dominated parliaments are not gender-sensitive, hence, they tend to produce
gender-biased policies. In addition, many male politicians do not consider women’s
aspirations as important, therefore, women’s experiences and views do not often
count for very much. Second, the decision making process, including the
parliamentary hearing, often does not involve women, NGOs or women’s groups
which have knowledge, interests and concerns about women’s issues, therefore, many
policies intended to promote women’s security are not effective and instead
jeopardise women’s security. Third, the assumptions and understandings of policy
makers about women’s security mainly refer to cultural norms and values, and
religious teachings interpreted by scholars who are strongly influenced by patriarchal
values, so that the policy makers produce policies which seek to control women’s
behaviour.
The definition of security used by women varies widely and covers a very broad area,
including personal security, the community’s security and the political security.
Women defined security in relation to the fulfilment of their needs, such as the need
to be respected and to feel comfortable, a sufficient household economy, the
recognition of capability, the provision of freedom with limitations, the ability to be
responsible and accountable for their own actions. They also wanted selfdetermination.
Family disharmony was a major threat to women’s security. Equal relations between
wife and husband in particular, are a core component of women’s security. However,
legal equality in the public sphere, the involvement of women in the political and
decision-making processes, freedom to express opinions and interests and
participation in the public arena become an urgent issues for the government and
parliament, as well as women. Women should have a chance to be active agents who
understand, are aware and concerned with their own problems, needs and security. A
bottom-up participatory approach to decision-making should be promoted by policy
makers in understanding the concept of women’s security. Policy makers should
understand that gender equality is a core component of human rights, and that gender-
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based abuse is human rights abuse. Only then, can a policy that truly offers security to
women, and is not gender biased, can be produced. Jilbab/head-veil also has become
the contested issue for women’s security, especially since the implementation of
perda sharia and this issue will be discussed further in the next chapter.
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Chapter 8: The Quest of Jilbab101-Head Veil
For some, the headscarf has no unitary meaning. Rather, ‘[i]t reflects the diversity of
women’s experience and aspirations around the world’ (Giddens 2004)
8.1 Introduction
The phenomenon of the head-veil in Indonesia has a long history and has evolved
over time. The dynamic has been complex and the influences diverse. This is evident
in the styles of veil, the age and educational background of the wearers, as well as
regional and cultural differences. These variations could affect research perspectives
in analysing the motivations of the women who wear the veil. Thus, the meaning of
veil is highly contested. According to Mernissi (1987), the section in the Quran
usually cited as stipulating that Muslim women must wear the veil is Sura 24 (AlAhzab), ‘And tell the believing women to lower their gaze and be modest, and to
display of their adornments only that which is apparent and to draw their veil over
their bosoms’. However, there is diverse interpretation of this verse among Islamic
scholars, and the issue of veiling remains contested.
In popular Western thought, veiling is often recognised as traditional and an antiWestern rejection of modernity. However, contextual studies of women and
Islamisation suggest that the meanings of, and motives for, veiling are complex,
varied and highly contested (Smith-Hefner 2007). In this chapter, I will discuss the
phenomenon of the head veil, commonly known as jilbab in Indonesia. I will include
the history, politics, and meaning of jilbab, and the connection of women’s security to
jilbab.
101
The term jilbab is an Arabic word, which is the plural of the word jilaabah and refers to any long and loose-fit
coat or garment worn by some Muslim women. They believe that this definition of jilbab fulfils the Qur’anic
demand for a hijab. In Indonesia, the word jilbab is used for a headscarf rather than a long baggy garment
(Brenner 1996, p. 674).
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8.2 History of Jilbab-Head Veil in Indonesia
Brenner (1996) found that since the late 1970s a phenomenon existed, called ‘the
Islamic resurgence’ (the Islamic resurgence will be discussed in the next section of
this chapter). This has had a great impact on religion, politics and society all over the
Islamic world and beyond, including the practice of veiling. One of the most obvious
symbols of this movement is the style of women’s clothing commonly called ‘the
veil’ (Brenner 1996). In Indonesia, particularly in Java where Brenner (1996)
conducted her research, veiling was limited until the late 1990s, although most
Javanese are Muslims (Brenner 1996, p. 674). At that time, kerudung, a transparent
scarf or woven cap, was generally worn by a small number of older women. These
women were devout Muslims, particularly those who had already made the
pilgrimage to Mecca, and the kerudung was dropped over their head, but did not
necessarily completely cover the hair (Brenner 1996, Smith-Hefner 2007). Overall,
this style of dress tended to emphasise rather than hide the shape of woman’s body.
This differed from the jilbab, a large square piece of opaque fabric, folded to cover a
woman’s neck, ear and hair completely. The jilbab was considered as a ‘new veil’,
and was mainly wore by young educated women, in contrast with the kerudung
(Smith-Hefner 2007).
In Java102, according to Brenner (1996), jilbab symbolized a new historical awareness
that intentionally distanced itself from the local past. Javanese women who decided to
wear jilbab often invoked the idiom of ‘becoming aware’ to distance themselves from
their own past and conceptualise their new-found knowledge and practice of Islam
and to make a personal change to become a better person (Brenner 1996).
Furthermore, Brenner’s 1996 research found that the trend of wearing the jilbab was a
consequence of both the Indonesian and the global Islamic movements103. In 1998,
102
There was little research before 1996 about jilbab in other areas in Indonesia than Java except in Aceh where
Sharia law has been implemented.
103
Islamic movement was stimulated by the Iranian Revolution in 1979, which has influenced Islamic activists
throughout the world. In November 1979 Muslims all over the world commemorated the beginning of the 15th
century of Islamic Calender (hijriah), which was expected as ‘the century of Islamic Resurgence’ (Abad
Kebangkitan Islam). According to Rosyad (1995), by entering the new century, it was expected that “Muslims
would return to Islam, a religion and a way of life which is believed would increase Muslims' prestige and
humanity” (Rosyad 1995, p. 3). In the 1970s several social and political events take placed in Muslim countries all
over the world including the application of Islamic law in Pakistan and Libya, the Islamic opposition movements
in Egypt and Turkey, Muslim rebellions against the Marxist government and Soviet invasion in Afghanistan, and
the Islamic separatist movement in Mindanao in the Philippines. Similar phenomena also occurred in many other
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there were many veiled young female activists on the front line of the demonstrations
against President Soeharto. Smith-Hefner (2007) stated, ‘Veiling offered female
activists symbolic protection from threats of violence during pro-democracy rallies’.
Some researchers argued that the students’ movement was a moral one, not merely a
matter of power politics (Madrid 1999; Rahmat and Nadjib 2001 in Smith-Hefner
2007). Veiling, for young women activists, became a vehicle for intensified mobility
and public political activism, and was not a symbol of Islamic traditionalism or
domestic confinement (Smith-Hefner 2007). However, in the 1990s, Javanese women
who dressed in this style remained a noticeable minority of the population. Most were
seen around university campuses and at Islamic schools (Brenner 1996).
Until the middle of 1991, the Soeharto regime prohibited veiling in government
offices and in non-Islamic state schools. Permission for high school students to wear
jilbab in the school was finally issued by the Department of Education and Culture in
February 1991, based on SK No. 100/C/Kep/D/1991. This law was became effective
in the 1991-1992 school year (Hefner-Smith 2007). However, based on my
experience, in 1996, during the photograph session for graduation certificates in the
Islamic Senior High School of an Islamic Boarding School (Pondok Pesantren), all of
the female students were compelled to remove their jilbab. Further, in 2002, when I
graduated from the bachelor degree, some of my friends, and me, who wore jilbab,
also had to take off our jilbab during the photograph session. Nevertheless, a few of
my friends decided to wear jilbab. They signed a letter, acknowledged by the Rector
of the University, which stated that the University would bear no responsibility to
those students who wore the jilbab in their graduation certificate if they faced any
difficulty in finding a job, because some offices were still reluctant to employ veiled
women. Thus, in the 1990s, veiling served not as a means of protection for women
entering public space, but as a marker of their marginality and distinctiveness, as well
as being a reason for harassment (Brenner 1996).
Smith-Hefner’s (2007) research in Yogyakarta revealed that during the late 1970s,
less than three per cent of the Muslim female student population wore the jilbab on
campus. Further research in 1999, 2001 and 2002, found that Muslim women on
countries where Muslims were the majority of the population, such as Algeria, Tunisia, Sudan, Morocco and
Malaysia (Rosyad 1995)
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campus who wore jilbab had risen to more than 60 per cent. Currently, the
phenomenon of jilbab has become a trend, where the women who wear jilbab are
more visible, not only in larger cities but also in some rural areas, and not only among
young educated women, but also the older generation. To some extent, this
phenomenon, can be considered an influence of the Islamic movement and Islamic
resurgence.
8.3 Islamic Resurgence
Islamic resurgence refers to a revival of the Islamic religion throughout the Islamic
world, which began in the 1970s and manifested in greater religious piety and
community feeling, as well as in a growing adoption of Islamic culture, dress,
terminology, separation of the sexes, and values by Muslims (Lapidus 2002). One
pertinent example is the increase in attendance at the Hajj pilgrimage to Mecca, which
grew from 90,000 in 1926 to 2 million in 1979 (Kepel 2002). Two of the most
important events that inspired the resurgence were the Arab oil embargo and the
subsequent quadrupling of the oil price in the mid-1970s, along with the 1979 Iranian
Revolution that established an Islamic Republic in Iran under Ayatollah Khomaeni.
The oil embargo created a flow of many billions of dollars from Saudi Arabia to fund
Islamic books, scholarships, fellowships, and mosques around the world; the Iranian
Revolution undermined the assumption that Westernisation strengthened Muslim
countries and was an irreversible trend. The Iranian Revolution, led by Khumaeni,
inspired Indonesian Muslims to make changes by wearing jilbab and motivated
Muslim students to protest against banning jilbab in their schools. Further, at that
time, the ideology of Ikhwanul Muslimin was disseminated in Indonesia through
books and training held by mosques on some big campuses (Alatas 1991; Alatas &
Desliyanti 2002).
Many scholars referred to this new phenomenon as an Islamic revival, described by
words such as revitalisation, upsurge, renewal, awakening, and renaissance. All of
these terms describe the new wave of the Islamic movement; but they address certain
aspects and neglect others (Rosyad 1995). Other researchers, such as Chandra
Muzaffa and Hillal Dessouki, use the term the ‘Islamic resurgence’. Muzaffar (1987,
p. 2) defines Islamic resurgence as follows:
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Islamic resurgence is a description of the endeavor to re-establish Islamic
values, Islamic practices, Islamic institutions, Islamic laws, indeed Islam in
its entirety, in the lives of Muslims everywhere. It is an attempt to re-create
an Islamic ethos, an Islamic social order, at the vortex of which is the Islamic
human being, guided by the Qur’an and the Sunnah (Muzaffar, 1987, p. 2).
Muzaffar (1987) uses the term resurgence to represent the idea of challenge and
threat. Many Muslims believe that Islam, as an alternative way of life, challenges
dominant social systems. Dominant groups, and those being challenged, view these
Islamic movements as a threat. (Muzaffar 1987, p. 2). Another definition offered by
Dessouki (1982, p. 4) refers to:
An increasing political activism in the name of Islam by governments and
opposition groups alike. It designates a politicized, activist form of Islam and
the growing use of Islamic symbolism and legitimating at the level of
political action… We are not dealing with calls for or attempts to provide a
new interpretation of the Qur’an but, rather, with social and political
movements that are engaged in mobilization, organization and possibly the
seizure of political authority. Thus [it] refers to the increasing prominence
and politicization of Islamic ideologies and symbols in Muslim societies and
in the public life of Muslim individuals
Chandra Muzaffar (9186) and Hillal Dessouki (1982) have offered two good
definitions of Islamic resurgence. A combination of these definitions, according to
Rosyad (1995), is representative enough to explain current Islamic developments
throughout the world. Further, Khursid Ahmad defines Islamic resurgence as a
future-oriented movement concerned with the problems of modernity and the
challenges of technology, and offers solutions based on the original sources of
Islam, the Qur’an and Sunnah, a movement that on the bases of these sources
tries flexibly and capably to innovate what has been neglected by
conservatives who stick to a particular school of fiqh (law)(Ahmad 1987, p.
226).
The term resurgence, as used by these scholars, means ‘reappearance and growth of a
particular attitude or activity among a group of people, especially one which has been
forgotten for some time’ (Collin Cobuild Dictionary 1992). This definition properly
explains the current development of the Islamic movement. This definition, according
to Rosyad (1995), also explains the Muslim view that Islamic identity has long been
neglected. Awareness is now increasing progressively. Furthermore, Rosyad (1995)
argues:
Through their attachment to Islam, Muslims regain their self-esteem and
dignity, and this indicates clearly that Islam has become important again in
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Muslims’ lives, and the word ‘reappearance’ explains the relation between the
recent development of Islamic movements and the past glory of Islam and the
ideal society in the era of Prophet and his companions (Rosyad 1995, p. 9).
When these definitions are attached to the term ‘movement’ they refer to a
‘worldwide, open and diffuse system in which individual Muslims or Muslims
organized in groups are consciously working towards the reconsolidation of the
Ummah into a behavioral, operational and goal seeking system’ (Siddiqui, 1980, p. 9).
The implementation of Perda Sharia through many regions can, to some extent, be
considered a result of the Islamic resurgence, particularly given the trend of district
governments to regulate religious matters and the growing number of Indonesian
women wearing the jilbab.
8.4 Jilbab and Perda Sharia
Well… I agree with the regulation of wearing the jilbab, however it is hard
[to follow the regulation] because of the hot weather. So, I wear jilbab only
if I go far from the house or go to a region where wearing jilbab is a
mandatory. And I also wear jilbab if I pass in front of the house of village
Head [kepala desa] (Irma, homemaker, from Padang village, Bulukumba,
interviewed 29 June 2008).
Patterns of jilbab wearing, and the role of government have changed remarkably since
the early 1990s. As explained in the previous section, before the 1990s, jilbab was
banned in certain circumstances by the national government. In the early 1990s
government issued letters allowing students to wear jilbab. Thus, the prevalence of
wearing jilbab has changed remarkably with some district governments implementing
Perda Sharia to regulate women’s use of jilbab. In Cianjur, for instance, the district
government initially encouraged only female staff to wear jilbab, but the government
imposed obligations for all female workers to wear jilbab, long sleeves and long
skirts, creating a uniform.
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A billboard states: ‘wearing Jilbab is an identity of female devout Muslim’, located on the road, has
become a place for dumping rubbish.
Moreover, in Bulukumba, the compulsory wearing of jilbab is imposed in hospitals,
some schools and for citizens who want to access government services. A billboard in
government offices stated that the government only served women wearing jilbab and
Muslimah clothes. Women accommodated this regulation by wearing jilbab if they
went to a government office, or they asked someone else, usually a man, to attend to
government-related matters such as ID cards. Alisa, a female official of Bulukumba
district government explained:
All the [female] officials in this district government must wear the jilbab and
the clients too. We are not allowed to serve clients who are not wearing the
jilbab (Alisa, government official, Bulukumba interviewed 23 June 2008)
Macleod, who undertook research in Middle East, argued that wearing the veil could
be understood as a kind of ‘symbolic shelter’ that allowed women to enter public
spaces (Macleod 1992). However, Brenner (Brenner 1996)(1996:674) claimed this is
not the case in Java, where there is no clear delineation between ’male’ and ’female’
space. However, this distinction has become problematic since the two districts,
Bulukumba and Cianjur, implemented Perda Sharia. Although there is no clear
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demarcation between male and female space, the regulation limited women’s freedom
of movement. Regulations have imposed the obligation that women wear jilbab, and
discriminate against any woman who does not wear it.
The regulations relating to the jilbab also affected non-Muslim women. Some nonMuslim women were discriminated against because they were not wearing jilbab. A
Christian nurse from Bulukumba related:
I am a nurse, working in the hospital, in ICU department... one day, when I
was in my shift, a patient who wore a long jilbab and covered her face came
with her family. When I was nursing her, her family asked me why I was not
wearing jilbab, and I answered that I am not a Muslim. And then the patient
and her family refused to be treated by me and asked another nurse who was
Muslim to treat her... I was very offended (Monica, interviewed 24 June
2008).
This example of discrimination from community members is not a direct consequence
of government or hospital regulations. The family’s reaction reflected community
expectations about the implementation of Perda Sharia. I argue that Perda about dress
codes established a particular body of opinion and expectation about wearing the
jilbab. Further, Perda Sharia has created peer pressure which gives the community
the legitimacy to judge, admonish or discriminate against someone by referring to the
Perda Sharia. The Perda Sharia, and the community’s interpretation of them, have
become a moral benchmark and the basis of community expectation and peer pressure.
For instance, the implementation of Perda Sharia in Cianjur, also called Gerbang
Marhamah by the Cianjur government, gave broader interpretative scope to the
community, especially women, because the community had their own expectations. In
the regulation, no article states it is compulsory to wear jilbab, however all female
government officials wear jilbab during office hours. Only one statute relates to
jilbab: a letter of instruction (Surat Edaran) No. 025/3643/Org, which states that
government staff should wear Muslim clothing 104 on Friday. To strengthen the
previous letter, the government issued another letter, No. 061/2896/Org, about
working hours and uniform on 29 August 2003, Gerbang Marhamah, which
encouraged the community to embrace good moral attitudes. However, the
104
Muslim clothing means, in this letter a shirt with long sleeve, and national black hat (pakaian koko dan peci
hitam) for male staff and long dress with long sleeve plus veil for female staff.
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community interpreted the regulation as obliging women to wear jilbab. The
community then felt they possessed the authority and legitimacy to remind
community members to follow the regulations. There seems to be a difference
between enforcement of Perda Sharia, after the reformation era, and the regulations
enacted in the Soeharto era. In the Soeharto era, the community felt that the
regulations were created by the government (top down), and they had little sense of
ownership. They did not feel responsible for reminding other community members to
comply with the regulations. Conversely, with Perda Sharia, the community feels that
they are involved, and have ownership of the regulations. This entitles them to punish,
judge, enforce and remind others.
Further, the regulations have had a psychological impact in the community,
particularly women. A female from Cianjur says:
most of the women here wear a jilbab, so if I do not wear jilbab, I will feel
ashamed [malu]… it is more psychological pressures… like it or not, I have
to follow the regulation, because regulation means compulsion… Before the
implementation of Gerbang Marhamah [a name of the Sharia-Influenced
Regional Regulation in Cianjur) most of the women did not wear a jilbab.
(Yani, interviewed 15 April 2008)
Brenner’s study of university-educated women who had chosen to begin veiling in
Java at a time when it was a ‘marginal practice,’ cited ‘becoming aware’ as a reason
for wearing the veil (Brenner 1996). Among these women, Brenner argues, the fear of
‘sin’ was a greater motivation for veiling than the fear of ‘shame’ (Brenner 1996, pp.
683-4). However, from research in Cianjur and Bulukumba, women wear the veil
primarily through fear of malu (shame). Women feel uncomfortable if they are
different from other Muslim women. As in Brenner’s research (1996), veiling in these
two districts cannot be reduced to a new form of disciplining of women. The veil is
‘flexible,’ giving many women the possibility of moving through space feeling both
greater security and also conforming to an official identity or uniform.
It is clear that Perda about dress codes established a particular body of opinion and
expectation about wearing the jilbab. It also reflected changes in religious values
evident since the early 1990s when jilbab became more common. This reflected the
influence of the Islamic resurgence as well as a change in political circumstances
since 1998 and the consequent democratisation process. In turn, this relates to the
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political process through which Perda Sharia has been enacted, and especially the
groups that have supported Perda Sharia.
Changes have occurred in the regulatory context relating to wearing the jilbab.
Women started wearing jilbab in the 1990s, despite government discouragement.
Since the implementation of Perda Sharia, regulations have encouraged or enforced
women to wear jilbab, regardless of their own wishes. Paradoxically, Perda Sharia
has devalued the meaning of wearing jilbab. Previously, jilbab had complex meanings.
Some Muslims believed that wearing a jilbab was compulsory for all female Muslims.
While, other Muslims believed that jilbab is a part of Middle Eastern culture and
identity and, hence, the jilbab was not compulsory. However, both groups agreed that
the decision to wear jilbab was optional, despite the fact that others considered that
jilbab was compulsory (discussion about the meanings of jilbab will be developed
further in the next section). Nevertheless, since the implementation of Perda Sharia,
the decision to wear or not to wear jilbab has been devalued, and does not reflect the
willingness of the wearer. The regulation of jilbab has also been criticised by Islamic
NGOs, who consider it has degraded Islamic values and teachings. They argue that
jilbab is not Islamic teaching, but rather is a uniform. Regulations about jilbab are a
method of controlling women’s bodies. This control is symbolic of morality in
patriarchal Muslim society. Further, since the implementation of Perda Sharia, many
women reluctantly wear jilbab even they do not want to. A female informant
explains:
Some people teased me because I suddenly wear a jilbab, it happened
because they know that I was not used to wear jilbab, however (later) they
know that Cianjur district implemented Gerbang Marhamah, which has
obliged all women to wear jilbab This is not a problem. It’s a uniform just
like a school uniform. If you did not wear a jilbab, its not a problem (Laili,
Government staff, Cianjur, interviewed 09 April 2008).
This woman’s view suggests that government regulation has taken some of the
religious meaning out of wearing a jilbab. Nevertheless, most of the informants
believed that wearing jilbab was compulsory for all female Muslims. However, the
decision to wear it depends on whether a woman was ready or not. A middle-aged
female informant explained:
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Wearing jilbab is compulsory for all female Muslim to cover their aurat105.
However not all female Muslims are aware about that, and previously the
women who wore jilbab were only these who had already gone on
pilgrimage to Mecca (Fitri, Widow, Bulukumba, interviewed 29 May 2008)
These views can be explained by the dominance of patriarchal values in Islamic
teaching, which give a one-sided interpretation. However, recently progressive
Muslim groups have tried to re-interpret Islamic teaching by considering the position
of women in Islam. They consider that when Islam developed in the Middle East,
communities
were
patriarchal
and
ideology
male-centred,
influencing
the
interpretation of Islamic teaching. These interpretations dominated Islamic teachings
and practices.
8.5 Jilbab for Women’s Security?
The regulation about jilbab has different implications for different people. Regarding
security, some veiled women consider that the regulation about jilbab did not change
their feelings about either their own, or the community’s security. The informants
argued that security was instead related to how the government enforced laws to
decrease criminal activity. The jilbab regulation did not have any implications for
reducing criminal activity. However, wearing jilbab, whether it is regulated by the
Perda Sharia or not, will ensure the wearer feels more secure. A young female
informant argued:
When I went to shopping and wearing jeans and t-shirt, sometimes some
males embarrassed me, calling me and whistle at me, but it would never
happened when I wore jilbab. It might be that they (the males) were reluctant
to do it (Yuli, interviewed 13 April 2008)
Practical reasons also made wearing jilbab desirable:
Wearing a jilbab makes me more secure because it could protect me from the
wind, since I go to work by motorcycle… jilbab makes me more comfortable
(Dewi, interviewed 15 March 2008).
There is a distinction to be made between wearing jilbab because of Perda and
wearing a jilbab out of personal preference. According to some female informants,
including Yani, Perda did not change their feelings regarding either their own, or
community, security. To some extent, Perda threatened female security because it
105
Aurat is the part of the body that that must kept covered in public according to Islamic teaching. However the
delineation of the aurat for women is still contested.
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was enforced by coercion, and restricted women’s freedom (Yani, interviewed 19
May 2008). This contrasts with women who wear the jilbab as a matter of choice,
without any coercion. In these cases, women felt more comfortable, as wearing jilbab
was a matter of honour and dignity. Since the implementation of Perda Sharia, more
women have been wearing jilbab, not as a matter of personal preference, but because
of the regulations. Thus, to some extent, jilbab no longer functions as a religious
identity-marker, nor as an expression of the wearer’s devotion.
The jilbab itself mostly helps the wearer to feel more secure and comfortable.
However, as the regulation implies a threat to women, they experience discrimination
and pressure, particularly if they remain unveiled. In contrast, for women who live in
areas where jilbab is not common, if veiled, they become the focus of attention, and
an easy target for harassment.
The implementation of Perda has led to an increase in the number of women who
wear the jilbab. It seems to denote a more distinctive religious identity, which is
related to the symbolic meaning of jilbab; it represents good morals and is a religious
marker. However, jilbab does not necessarily signify the wearer’s devoutness. The
decision to wear a jilbab can be made by choice or coercion. A decision based on
choice means the woman decided to wear a jilbab without any coercion. This reflects
self-awareness about the Islamic obligation to wear jilbab. Such a decision usually
reflects the wearer’s devoutness, and her readiness to behave in the expected manner,
thus protecting the Islam’s image. By wearing a jilbab, a woman ‘represents’ Islam
and becomes a better Muslim than when not wearing jilbab. This is consistent with
Smith-Hefner’s research in Yogjakarta, where she interviewed young female students
of Gajah Mada University. According to Smith-Hefner ‘becoming aware’ of their
religious responsibility is the main motivation for the students to wear the jilbab
(Smith-Hefner 2007).
When coercion, peer pressure or regulation is involved, the decision to wear jilbab
does not reflect self-awareness. In these situations, a woman decides to wear jilbab
because the majority of women wear it, or because she feels the need to obey
regulations. The decision to wear jilbab does not usually reflect the wearer’s
devoutness. The wearer’s attitude and behaviour is no different from when she did not
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wear a jilbab. In some cases, however, women deepen their religious understanding,
study Islam and behave accordingly.
Regulations about jilbab did not improve the security of un-veiled Muslim women,
but rather threatened it. It also discriminated against them. In wearing a jilbab,
women gained both advantages and disadvantages. The advantages include not
experiencing insultes from men on the street, and protection from wind, sun and rain.
A female informant explained the disadvantage of wearing jilbab:
Something that makes me not happy wearing a jilbab because I am often
treated as an older lady, although I am still single (Yuli, interviewed 13
April 2008)
For un-veiled non-Muslim women, the regulation threatened their security and
discriminated against them, especially in the workplace. In the districts that
implemented Perda Sharia, the majority of the population is Muslim. Minorities were
disadvantaged by the implementation of Perda Sharia. Regulations regarding jilbab
particularly exacerbate feelings about minority status, and becoming more visible. A
female informant from Bulukumba explains:
I was born here and grew up in a Muslim environment and have never had
problem, however since the implementation of the regulation about jilbab,
all Muslim staff have to wear jilbab, so it is readily apparent who is Muslim
and who is non-Muslim (Agnes, interviewed 18 June 2008).
This situation makes non-Muslim women feel uncomfortable, as they become
susceptible to harassment. Their non-Muslim identity is also more apparent.
8.6 The Meaning of the Jilbab-Head Veil
There are various opinions about veiling ranging from the positive to those opposed to
the practice. Some consider veiling as merely reflecting the way Muslim women
dress, while Mernissi (1991) considers that veiling is more than a dress code; it is also
functions as a sign of protection and differentiation between Muslim women and
slaves (Mernissi 1991).
According to El Guindi (1999, p. 157), for many Western scholars veiling signifies
‘seclusion’, political inferioriority and subordination. Further, according to El Guindi,
some feminists consider that even women who wear the as an individual choice are in
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fact expressing submission, which equates to oppression (El Guindi 1999). Others see
veiling as a symbol of conservative Islam. ,Therefore, within a western framework,
the veil becomes the most prominent symbol of both the oppression of women (or, in
the language of the day, Islam’s degradation of women) and the backwardness of
Islam (El Guindi 1999, p. 3)
Leila Ahmed (1992) observed that from the late eighteenth to the mid-twentieth
century, the majority of Muslim countries were colonised by Western powers. From
the Western colonial narrative, veiling is a symbol of oppression. Thus, unveiling is
associated with the women’s liberation movement against patriarchal domination, and
unveiling becomes a means to improve women’s status. However, because unveiling
is proposed by the colonial West, the act of veiling is then used as a symbol of anticolonial and anti-Western feeling. It becomes a ‘symbol of resistance’ against
colonial domination (Ahmed 1992).
However, Leila Ahmed’s study of veiling in the Middle East is not entirely applicable
to the Indonesian context. Veiling was uncommon in Indonesia when the Dutch first
established administrative control. Contemporary veiling is sometimes a symbol of
resistance against western and secular influences, rather than a legacy of resistance to
colonial control or regulations. The western view that veiling is a sign of Islam’s
degradation of women is relatively recent, except with respect to Saudi society, and
has become a more common stereotype since the Islamic resurgence and the Iranian
revolution.
El Guindi (1999) draws an example of such resistance from Algerian women who use
Islamic veiling in the struggle for independence against French colonisation.
Nevertheless, as a symbol of anti-colonialism, the veil only applies to women. The
politics of the body appears to relate only to women’s bodies and (head to toe)
covering or uncovering. The female body is no longer a private matter. It has become
public, and symbolises individual and communal resistance. For men, to oppose
Western colonialism does not necessarily mean rejecting Western modes of dress.
Muslim men opposing colonialism often wear Western dress without being seen as
advocates of colonialism. However, because the male body is not public property as
female bodies are, what men wear is rarely discussed as a symbol of resistance.
194
During the 1980s in Indonesia, when Soeharto’s government banned women office
workers wearing jilbab, men were still allowed to wear turbans and prayer caps.
Within the context of resistance, the veil encompasses a broad range of meanings
from anti-colonial narratives to women’s struggle for emancipation. Assigning a
single meaning to veiling, such as a symbol of oppression, is inappropriate,
particularly where veiling is a matter of personal choice in countries such as
Indonesia. However, since the implementation of Perda Sharia in many districts in
Indonesia, the meaning of veiling has changed.
In the Middle East and South Asia, the veil can serve as a form of symbolic shelter, a
portable extension of the secluded space of the home. This enables women to enter
public, male space without being subject to criticism or harassment (Papanek 1973 in
Brenner1996, Brenner 1996, Feilard 1996, Van Dijk 1997, Warburton 2006). While
this may be true in a society where there is relatively clear demarcation of male and
female space, the distinct delineation of a public ‘male’ sphere from the private
‘female’ sphere is not a normative feature of Indonesian society. The notion that the
veil has the practical effect of allowing women to move easily through public space
therefore cannot be transposed to Indonesia. However, since the implementation of
Perda Sharia in some Indonesian districts, wearing the jilbab has broadened women’s
freedom. For instance, veiled women could access public services that only serve
women wearing jilbab. By wearing jilbab, female students can go to school, and
female staff can work in government offices. Nevertheless, to some extent in
Indonesia, veiling may actually hinder a woman’s freedom of movement. She may
feel that certain places or certain actions are inappropriate for veiled women, leading
her to restrict her own activities accordingly. Women are expected to behave in this
way. Choirul Anam, a religious teacher, explained his expectations of veiled women:
Wearing a veil is a sign that she is a good woman (sholehah). She will
always consider when she wants to do something and she will be more
careful, because she is wearing jilbab (Choirul Anam, Cianjur 12 March
2008)
Accordingly, it is not surprising that a woman weighs up the issues before she decides
to wear a jilbab. Ratna, a young female informant explains:
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I am willing to wear jilbab because as a female Muslim I should wear it.
However I am not ready yet. I like to wear short pants and tight clothes. So,
before I choose to wear jilbab I have to change my behaviour (Ratna,
interview 15 May 2008).
The jilbab, not only represents the wearer’s identity but also the identity of all Muslim
women. This is why the decision to wear a jilbab is not easy to make, and the decision
involves complex considerations. I remember when my sister from Indonesia visited
me in Melbourne. One day, we went to the market and needed to cross the road. I
pressed the button, but the crossing sign did not go green quickly, and I asked my
sister to cross the road, as there was no traffic. My sister replied, ‘if I am not wearing
jilbab, I would cross the road, but as I am wearing jilbab, so I wont do it [cross the
road]’. Women who wear jilbab are more aware of their behaviour and attitudes. They
restrain themselves from wrongdoing. Wearing jilbab transforms women into a
‘representative’ of their religion.
Wearing the jilbab is considered as an honour requiring respect. It reveals the wearer
is a good Muslim. Hence, women who wear jilbab have to behave well in order to
protect herself, her religion and her community’s image. She is an ideal and an
example. On a broader level, jilbab also represents Muslim identity in the world.
Jilbab is considered to be ideal clothing that should be worn by a woman to represent
herself as a good Muslim. As a good Muslim, she is assumed to have a good attitude
and is thus more respected.
In Cianjur and Bulukumba, where I conducted my research, wearing jilbab is mainly
considered something that women should do, rather than something they must do.
Some informants wore a jilbab because they were getting older and thought wearing
jilbab was more appropriate. The observation that older women decide to wear a
jilbab suggests a change in religious values as well as age. When these women were
younger, they lived in a society where neither younger nor older women were veiled.
This extends the research of Hefner-Smith and Brenner in 1990s, which found that
women who wore the jilbab were mainly young educated women who lived in urban
areas. These young women were among the first segments of Indonesian society to be
influenced by the Islamic resurgence. Conversely, in the smaller cities, such as
Cianjur and Bulukumba, the practice of wearing jilbab was noticeable among older
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women. One informant was aware that wearing the jilbab is compulsory. However,
she only decided to wear jilbab after some deliberation:
In Islam, wearing jilbab is compulsory. However I decided to wear jilbab
after my husband who served in the army died, and especially since all of my
sisters have been wearing it and also went to Hajj pilgrimage to Mecca, and
so, because I feel more comfortable (Adek, a homemaker, Cianjur
interviewed 18 April 2008).
Other informants decided to wear jilbab because they getting older, wearing Jilbab
expressed their modesty. As a teacher from Cianjur relates:
I have worn a jilbab for a long time … yeah... because I am getting old; it is
not proper to be stylish, let the hair hang loosely… my hair is going grey. It
was ok when I was still young to have styled hair, but now, I am better to
wear a jilbab (Erni, a teacher, Cianjur interviewed 21 April 2008)
As a matter of personal choice, according to Haideh Moghissi, the veil is clothing that
may be worn to beautify the wearer, in the same way that Western women choose to
wear make-up (Moghissi 1999). El Guindi sees veiling as a means for Muslim women
to control their own bodies, to acquire sexual space and moral privacy (El Guindi
1999). Conversely, this control results in an increase of participation in the public
sphere. At the same time it signifies an act of anti-consumerism, symbolising
women’s return to modesty (El Guindi 1999).
However, to some extent, peer pressure has a significant role in influencing a
woman’s decision to veil. As Warburton (2006b, p. 2) argued, the decision regarding
‘choosing to veil is complex. It is not only based on the awareness of the religious
obligation or adherence to religious teaching, but also as a response to the system of
social norms, and expectations in which the veil is increasingly presented as a
preferred, even obligatory, part of being a ‘good’ Muslim women’. Peer pressure
develops especially among members of a pengajian (prayer/Islamic study group).
Wiwin relates:
Usually, I do not wear a jilbab, unless I am attending a pengajian106. All the
others wear a jilbab, if I don’t it would not be proper (Wiwin, a homemaker,
Bulukumba, interviewed, 25 May 2008).
106
Pengajian is an Islamic gathering usually in the mosque or at home to study Quar’an or to listen the preacher
deliver the sermon in the Islamic topic
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In the pengajian usually the preacher would encourage the attendees to wear the
jilbab. Women who do not wear a veil will occasionally do so, and in some cases, will
later wear the veil consistently. Peer pressure also occurs in work places where the
majority of staffs wear a veil. The pressure becomes more coercive when the
employer encourages staff to veil.
Some informants decided to wear a jilbab because of simplicity and modesty. Some
informants wore a jilbab occasionally, only in pengajian, or in the work place, and
did not wear a jilbab if they went out around their house, to the shops or to a
neighbour’s house. They are aware that wearing the jilbab is part of Islamic teaching,
but the decision to wear the jilbab is more complex, and depends on their readiness. I
divided the informants into the categories regarding the wearing of jilbab: the first
category is women who wear jilbab consistently. They are mostly mature-aged
females, some of whom had been on the pilgrimage to Mecca. Their decision to wear
jilbab, apart their awareness of Islamic teaching, was explained as part of ageing. It
was time for them to practice Islamic teachings consistently. Some of them
considered that by wearing jilbab they expressed the appropriate modesty of a mature
aged woman.
In the first category, mainly middle-aged, mature women and older women wore the
jilbab consistently. However, some younger informants also wore the jilbab including
jilbab that offered more extensive cover. These women were usually Islamic activists
or members of Islamic organisations. They considered that wearing the jilbab was not
just compulsory in Islam but was also part of their engagement with the Islamic
movement. It symbolised their identity, and their resistance to western values.
The second category comprises women who wore jilbab less consistently, for
example, not wearing it around the house, to the shops, or to visit a close neighbour.
These are mainly young married women who consider that wearing a jilbab is part of
Islamic teaching, however they find it a burden when they need to go somewhere
quickly or want to monitor their children outside their house. Older women consider
jilbab is simply a way to express their modesty and fashion sense. Within this
younger group, the jilbab restricts their activities, so they decide to remove it if
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necessary. For some younger informants jilbab is more an expression of fashion than
of modesty. A homemaker, who is also a teacher from Cianjur explains:
Actually, I am willing to wear a jilbab everywhere, but you know, it is
complicated and hard if I need to go outside in hurry and urgently… I need
to take care of the kids whereas I also need to chase the vegetable seller
(Unik, interviewed 19 May 2008)
The third category comprises women who wear jilbab occasionally: in the pengajian,
in the work place or for certain events. They decide to wear a jilbab because they see
other women wearing the jilbab. However, women who wear a jilbab only in the
workplace are usually following the District Regulations (Perda Sharia):
Since the implementation of Gerbang Marhamah, many women wear the
jilbab, me too, but I am only wear it when I am working, because it is a
regulation and regulation is a requirement for all female staff in the
government to wear a jilbab (Yuli, interviewed 13 April 2008).
According to some scholars, the meaning of veiling is not only to meet a perceived
religious obligation, but also represents and cultivates the wearer’s piety, devoutness,
discipline and modesty (Arthur 2000; Brenner 1996). Veiling also relates to space:
private, familiar and public (Mernissi 1991). However, for some women who
occasionally wear a jilbab, they might consider the place where they do not wear
jilbab is private, such as the home or other familiar space such as their neighbourhood
where they are only unveiled in unexpected situations.
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8.7 The Politics of Jilbab
I was fired because I was considered not to be wearing a uniform. Actually, I
was wearing a uniform with a skin coloured cuff to cover my hand and
wearing a black jilbab, the same colour as my hair, to make it indistinct
(Wine, the staff of international hospital)(Hamluddin 2008).
This woman’s experience was reported in the national media at the same time as
many districts were implementing Perda Sharia. It reminds us that the phenomenon of
veiling in Indonesia is complex and complicated. While district governments were
mandating the use of the jilbab, some international hospitals and educational
institutions in Bekasi, Tangerang and Jakarta banned their staff and students from
veiling. Wine’s case illustrates the countervailing pressures women must
accommodate. In order to obey the regulation of the international hospital where she
worked, Wine did not wear the jilbab during working hours. She only wore the jilbab
to travel to and from work. However, one day she decided to wear a uniform with a
coloured skin cuff to cover her hand along with a black jilbab. However, the director
of the hospital threatened to fire her if she wore the jilbab. The director argued that
what she wore was against the hospital’s regulation about uniform and was also
considered a risk to patient hygiene. However, Wine argued that she still wore
uniform, but by wearing a coloured skin cuff to cover her hand and wearing a black
jilbab like her hair colour, these elements were indistinct. Nevertheless, the director
asked Wine to resign (Hamluddin 2008). The case illustrates the director’s personal
interpretation and expectations about the jilbab. The director assumed that, if staff
wore the jilbab, foreign patients would be unwilling to use the hospital.
Moreover, the pattern of veiling is not merely a trend from unveiled to veiled. Some
female students at the Islamic university (UIN) in Jakarta who were previously
veiling, after some ‘consideration’, decided to not veil consistently (Amel, lecturer of
Islamic University, interviewed 29 May 2009). Some of these women were from
religious backgrounds and had been educated in pesantren where they were taught
that the jilbab was compulsory. They later decided that wearing a jilbab was not
compulsory and discontinued its use. Their opinions changed and developed during
their studies in an Islamic university, and in some cases after involvement in NGOs.
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They decided not to wear the jilbab when they were not living in the pesantren or
studying at the Islamic university.
A good example of this change is provided by the experience of Iranian Muslims.
Hamdani has observed that Iranian women had to transform their appearance several
times during their lives because of the changing social and political situation. Muslim
women who traditionally wore the veil were forcefully unveiled by a government
edict in 1936; and forced to re-veil in 1983, after regime change brought about by the
Iranian revolution (Hamdani 2007).
Conclusion
The history of the jilbab in Indonesia is not one of lineal progress, simply from
banning its use to compulsory use, or vice versa. It is true that the jilbab has not
always been popular and was banned by the Soeharto government, becoming
compulsory after the fall of Soeharto and the introduction of regional autonomy, as
some district governments implemented Perda Sharia. However, in other regions as
well as in particular institutions, veiling was discouraged or prohibited. By wearing a
jilbab, women felt free to move in public spaces and when obtaining government
services, but a jilbab also restrains women’s freedom. When the jilbab is banned or
discouraged, it becomes a ‘symbol of resistance’ for those who want to wear it. When
the jilbab is mandated, as under Perda Sharia, it also becomes a symbol of
discrimination for those who do not want to wear it. This research suggests that
wearing a jilbab should be matter of personal choice for women.
Most informants agreed that wearing jilbab is a part of Islamic teaching. However, the
decision concerning whether or not to wear the jilbab is a personal choice for each
woman. They disagreed with regulations that forced all women to wear the jilbab, or
prohibiting women from wearing jilbab, because such regulations were coercive and
did not contribute to women’s security. Many kyai, leaders of pesantren, believed that
wearing the jilbab is part of Islamic teaching and is compulsory, but the choice to
comply is nevertheless up to each woman. In line with that, women also considered
that security should be understood as autonomy for each individual to do what they
wanted, in accordance with existing rules and regulations of religion, custom or
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tradition, as well as government regulations. A broad understanding about women’s
security includes family and community harmony, freedom from criminal activities,
freedom of expression, acknowledgment of ability and capability, security of
household economy and freedom to practice religious beliefs.
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Chapter 9: Conclusion
9.1 Women and Sharia: A Contestation
Implementing Perda Sharia is a stepping-stone to establish an Islamic State in
Indonesia (Abu Bakar Ba’ashir, The former Head of Majelis Mujahidin Indonesia
(Ba’asyir 2007b)
Sharia is often considered to be incompatible with democracy. This dissertation
argues against this proposition and asserts that in Indonesia, Sharia goes hand in hand
with democratic principles. More importantly, this study demonstrates that democracy
has enabled an open and public discourse about the implementation of Shariainfluenced regional regulation (Perda Sharia). Moreover, democracy has enabled the
establishment of Islamic militant groups and organisations, which have demanded the
implementation of Perda Sharia in many districts in Indonesia. The objective of this
research has been to examine the religious, social and political dynamics in two
districts in two provinces: Cianjur, West Java and Bulukumba South Sulawesi, where
the Perda Sharia has been implemented, and to examine how these developments
have affected women and women’s security.
In this study I examined six issues pertaining to the implementation of Perda Sharia:
Regional Autonomy, the dynamics of Perda Sharia including the debates of the
proponents and opponents, the objectives, ideology and motives, election and
strategies to implement Perda Sharia, human and female security, and the discourse
on jilbab-muslimah clothes. The two case studies of Cianjur and Bulukumba were
chosen because both districts have implemented various types of Perda Sharia. I also
considered the cultural and historical background of the two districts. The aim of this
concluding chapter is to identify the common threads, themes and issues discussed in
the previous chapters and develop them into a comprehensive analysis.
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9.2 Perda Sharia: the Religious, Social and Political Dynamics in
Cianjur and Bulukumba
Regional Autonomy: Awaken a Sleeping Tiger ‘Sharia’
My research recognised that Sharia had been debated since the early days of
Indonesian independence. Some Muslims leaders proposed to have Sharia adopted as
the basis of the state constitution. However, this idea was opposed by nationalists,
most of whom were Muslims, which disappointed some Muslim groups. The
implementation of Sharia has remained an objective of some Muslim groups.
Although several campaigns to accept Sharia as the basis of state constitution failed,
the struggle has persisted, despite the repression of political Islam by Soeharto’s
government. My research indicates that the spirit of the reformation era enabled
Sharia to re-emerge. The Regional Autonomy laws, in particular, created new
opportunities for proponents to implement Sharia. However, the widespread
implementation of Perda Sharia by district governments was an un-intended
consequence of the Regional Autonomy Laws, as the national government retained
jurisdiction over religious affairs. I argue here that the laws provide a ‘pseudo
justification’ for Perda Sharia. The autonomy laws have empowered local political
processes. It is not an exaggeration to argue that the spirit of reformation, democracy
and regional autonomy has awakened ‘the sleeping tiger’ of Sharia that had been
repressed during the Soeharto era.
9.2.1 The Objectives: Perda Sharia Now, what is next?
This research confirms that the implementation of Perda Sharia is just one strategy to
implement Sharia comprehensively. Since the implementation of regional autonomy
in 2001, until the end of 2009 154 regional regulations have been enacted, which refer
to Islamic moral teaching and structurally and specifically restrict women’s rights
(Khusnaeny et al. 2010). By the end 2010, the number of discriminatory regulations
had increased to 189 regulations, with 207 regulations in 2011. Up to August 2012,
282107 regulations have been implemented in 100 districts out of a total of 470
districts in Indonesia, spread across 28 provinces (Komnas Perempuan 2012).
107
According to the Head of Komnas Perempuan, Yuniyanti Chuzaifah, of 282 regulations, 207 directly
discriminate against women, 60 regulations oblige women to wear Muslim Clothes [Long sleeve n skirt with headveil], 96 regulations criminalise women through anti-prostitution and pornography regulations, 38 regulations
restrict women through limiting theirwork hours (jam malam) (Tri & Haksoro 2012).
204
However in 2013 there have been 342 discriminatory regulations in the name of
morality and religion (Perempuan 2013). This research also suggests that the
strategies to implement Sharia more comprehensively at national level are unlikely to
be successful in the short-term.
The widespread implementation of Perda Sharia supports my argument that the
Sharia’s proponents have shifted their strategies in accordance with social and
political circumstances, from campaigning to make Sharia the basis of the national
constitution early in Indonesian independence, to implementing Perda Sharia in
district government regions. According to some proponents of Sharia, such as the
Secretary of MUI in Cianjur (interviewed 18 March 2008), and the General Secretary
of KPPSI in Makassar (interviewed 21 June 2008), considering the recent political
situation in Indonesia, Perda Sharia is the only possible strategy for a more
comprehensive implementation of Sharia regulations. It is worth noting that although
the implementation of Perda Sharia has resulted from local political processes in
district governments, given its widespread implementation, Perda Sharia, has become
a national phenomenon. Borrowing from Suaedy’s (2008) argument, the current
strategy of Sharia’s proponents is to implement Sharia as ‘villages besiege the towns’
(desa mengepung kota). Despite doubts about the jurisdiction of district governments
in matters related to religion, this strategy has been successful. None of the Perda
Sharia enacted by district governments has been annulled by the central government.
The success of Perda Sharia suggests a paradox in Indonesian politics. Although the
popularity of political parties identified with Islam has declined, the implementation
of Perda Sharia in about 100 regions, and the idea to implement Perda sharia come
from the community indicates that Islamic civil society is growing stronger.
Daniel E. Price, in his book ‘Islamic Political Culture, Democracy, and Human
Rights’ (Price 1999), categorises the degree to which Sharia (Islamic law) has been
applied in the following domains: first, personal status, second, economics, third,
social customs, fourth, crime and punishment and fifth, governance. Using Price’s
categories, the extensive implementation of Perda Sharia in many districts, places
Indonesia into the third category. Price argues that to be considered an Islamic state
Indonesia would need two further levels: an Islamic penal code and an Islamic
constitution. The implementation of Qanun in Aceh, implemented part of the Islamic
205
penal code108. Thus to be considered as an Islamic state, Indonesia needs to grant
other provinces special autonomy that would enable them to implement Shariainfluenced regional regulations, including the adoption of hudud law as in Aceh. Then
Indonesia would need to have Islam as the basis of its national constitution before it
could be considered as an Islamic state.
9.3 The Ideologies and Motives: Anything but Sharia
The supporters of Sharia believe that Indonesia’s secular system is westernised and
unsuitable for Indonesia. Secularism has failed and has caused economic and political
crises. Accordingly, the proponents have campaigned for an alternative system of
Islamic Sharia. Indonesia’s economic and political crises have given legitimacy to
demands for Sharia. They believe that social, economic and political crises and
natural disasters are God’s punishment because Indonesia, despite having a Muslim
majority, has not implemented Sharia comprehensively. Chapter 5 examined how
advocates of Sharia in Cianjur and Bulukumba used the economic crisis, along with
seemingly never-ending natural disasters, disappointment regarding the relevance and
enforcement of laws. They also called upon Indonesia’s majority Muslim population,
its glorious history of Islamic kingdoms and local identity to justify the
implementation of Perda Sharia. Membership of a majority afforded Sharia
proponents the right to implement regulations aligned with their beliefs. The research
in Cianjur and Bulukumba also showed how the proponents of Sharia entwined their
motives and objectives with the interests of local political elites. These local political
leaders used the Sharia issue to mobilise support from Muslim communities.
Proponents of Sharia also used Bupati candidates to further their own objectives.
The analysis of Perda Sharia implementation in Cianjur and Bulukumba indicates that
democratic practices became a focus of debate between the opponents and
proponents. Opponents argued that the decision-making processes involved in Perda
Sharia were un-democratic because not all community members could participate, in
particular women. They further argued that women were, in fact, targeted by the
regulations. However, the proponents contended that Perda Sharia was implemented
108
Bireun and others districts in Aceh have been implementing Islamic penal code (jinayat). There are two kinds of
Islamic penal code, first, Hudud, which refer and based on to Qur’an and hadits literally; second, ta’zir, which
refer to interpretation and ijtihad of the judge (Kamil 2008).
206
through democratic processes, as the idea came from the people and was supported by
the community. This meant that the decision-making process was bottom-up and
reflected democracy in action. They also argued that the widespread implementation
of Perda Sharia was further evidence of democracy at work.
9.3.1 The Enforcement: Symbolic Politics or Religious Gesture
Central to my research is the process of the implementation of Perda Sharia in
Cianjur and Bulukumba. I concluded that enforcement of Perda Sharia was more
symbolic of religious significance than political. Paradoxically, Perda Sharia in both
districts was enforced more rigorously before regulation were passed by the
government. Prior to the formal implementation of Perda Sharia, both districts issued
preliminary regulations. For instance, Bulukumba issued the ‘Crash Programme
Keagamaan’ (crash programme on religiosity) in 1999, and the Perda Sharia was
passed in 2003. In Cianjur, the government issued some decrees on Muslimah clothes
and Good Moral Conduct in 2001, before it passed Perda Sharia in 2006. In both
districts my research found that the regulations were enforced more strictly before
than after formal adoption of Perda Sharia.
For instance, in Cianjur, Warsidi, the newly elected Bupati who initiated Gerbang
Marhamah, issued decrees on Muslimah clothes and Good Moral Conduct in 2001.
The government and militant Islamic groups often conducted raids to enforce these
regulations. However, after the Sharia was passed on 2006 by Tjetjep, the Bupati who
defeated Wasidi during 2006’s direct election, the regulations were not strictly
enforced. So, the regulations themselves were enforced more strictly while debates
about Perda Sharia were occurring, rather than after their enactment. Reflecting the
changes, the debate between proponents and opponents about Sharia decreased in
intensity after formal enactment. Ironically, after formal enactment, proponents did
not campaign for rigorous enforcement, neither did opponents attempt to have the
regulations revoked. Apart from that, the regulations sought to regulate symbolic
matters, such as Muslim clothes and Arabic street names. Many posters carried
religious sayings and warnings. This suggests that for the proponents of Sharia the
formalisation of regulations was important, and not their enforcement.
207
Although, I argue here that Perda Sharia was principally symbolic, nevertheless, their
implementation represents the greatest accomplishment of the proponents thus far.
Proponents’ objectives include the enforcing the regulations increasing their strictness
by implementating of Hudud Law (Islamic penal code). However, they regard the
implementation of Perda Sharia as a part of an educational process. Once the
community becomes familiar with the concept of Sharia and understands its
importance, then it should be enforced with sanctions, including the implementation
of Hudud Law (Mustofa, Cianjur interviewed 18 March 2008; Nunding Ram,
Makassar, interviewed 21 June 2008). Other proponents from political parties that had
previously opposed the implementation of Perda Sharia regarded Perda Sharia as a
‘toothless tiger’. In their view, the regulations look scary but do not have any power
without sanctions (Heri, Parliament Member from Democratic Party, Cianjur,
interviewed 26 February 2008).
Further, through the implementation of Perda Sharia, popular discourse about Sharia
has increased, along with community familiarity. So it is not surprising that the
community accepts Perda Sharia as a reference for moral standards, and feels it has
the right to remind people that they should behave in accordance with Perda Sharia
(Pipih, the former head department of education in Sub-district, Cianjur, interviewed
12 March 2008). The community acceptance is closely related to the lack of legal
sanction for those who contravene the Perda. Some local politicians, like Heri, a
member of the ‘secular’ Democrat Party in Cianjur, believe that there should be
‘punishment’ for people who fail to abide by the Perda (Heri, Parliament Member
from Democratic Party, Cianjur, interviewed 26 February 2008). However,
community peer pressure functions as a more effective ‘punishment’ than legal
sanctions. This argument is also supported by the fact that most informants in this
research agreed with the implementation of Perda Sharia. This was particularly since
Aceh was granted special autonomy enabling it to implement Perda Sharia (Qanun)
more extensively at the provincial level109. Thus, Aceh became a role model that
inspired groups elsewhere to implement similar regulations, including KPPSI in South
Sulawesi. As discussed in chapter 5, the KPPSI has used Aceh as a precedent to
campaign for special autonomy of South Sulawesi. In several congresses, KPPSI
109
The implementation of Qanun in Aceh including restrictions on the movement of women at night, prohibition
of women sitting astride a motor bike (duduk mengkangkang), prohibition of women wearing trousers.
208
recommended that the provincal government negotiate Special Autonomy for South
Sulawesi.
9.3.2 The Strategies and Elections
The issue of Sharia was introduced and promoted during the campaign for the Bupati
elections. Sharia became a campaign issue for Bupati candidates. To some extent,
Sharia was used by the Bupati candidates to increase their popularity and help them
win the election. However, changes to the election system for Bupati also influenced
the way Sharia was used as a campaign issue. Research in Cianjur and Bulukumba
indicated that Sharia was a more important issue politically under the old DPRD
election system than under the direct-election system introduced in 2005. Under the
old system, candidates used Sharia more effectively as a campaign issue. It was easier
to focus on a single issue like Sharia when lobbying the members of DPRD, than
when campaigning in a public election. Perda Sharia became a political commodity
that enabled candidates and their supporters to mobilise support in local elections.
This suggests that the implementation of Perda Sharia was motivated by political
rather than religious considerations.
According to Bush (Bush 2008b), the issue and the implementation of Sharia
represents an anomaly. Enactment began in 1999 and reached its peak in 2003, with a
subsequent downturn. However, this research suggests that although Sharia has not
been used much during recent campaigns in Cianjur and Bulukumb, and Sharia
discourse and debate has decreased and is not covered by national media, more
regions have actually implemented Perda Sharia. From 2006 to 2009, more Perda
Sharia have been implemented in 22 districts across 17 110 provinces (Komnas
Perempuan 2012; KPI 2011).
In Cianjur, the enactment of Perda Sharia was a part of a political contract between a
Bupati candidate with the Islamic formalist group, GARIS, which is part of a national
network of militant Islamic groups. In Bulukumba, the initiative for Perda Sharia
110
There are some districts that implemented Perda Sharia within 2006-2009 such as: Cianjur, passed a regulation
on Gerbang Marhamah on 2006 (Pemerintah Kabupaten Cianjur 2006),Garut District in West Java passed a Perda
No 2/2008 on Anti immoral deeds (Surur 2008), District Sawahlunto, West Sumatra passed regulation No.
19/2006 on anti immoral deeds (anti Maksiat), District Majalengka passed Regulation No. 14/2009 on Anti
prostitution (KPI 2011)
209
came from a Bupati candidate who was also a member of an Islamic formalist group,
the KPPSI, which has a regional network. The role of these Islamic groups proved
vital to the enactment of Perda Sharia. These groups used the elections as a medium
to promote Sharia, and used the Bupati as a vehicle to achieve their objectives. The
research found that formalist groups played a pivotal role in supporting and enforcing
the Perda Sharia. They campaigned, lobbied and pressured for Perda Sharia’s
implementation. In general, the proponents’ strategies were more systematic and
intense compared with those of the opponent groups. They had a broader network that
connected their ideology and commitment to enforce Perda Sharia. More importantly,
they were more militant and consistent compared to their opponents. For the
proponents, Sharia is their main objective, while the opponents of Sharia, who are
mainly human rights activists, have competing priorities
9.3.3 Is Perda Sharia, a Sharia?
As discussed in chapter three, Sharia is not the formal name given to these regulations
based on Sharia. The regulations that have been implemented in many districts are
more related to fiqh, which is the interpretation of ulama (Islamic scholars), and is a
human product of legal reasoning (see further discussion on the different between fiqh
and Sharia in chapter 2). However, since some scholars use fiqh and Sharia
interchangeably, and considering the political history of Sharia in Indonesian politics,
I prefer to describe the regulations as Perda Sharia.
Nomenclature was a sensitive topic debated during the implementation of Perda
Sharia. Most of the opponent groups, both insiders (people who reside in Cianjur or
Bulukumba) and outsiders (people who live outside Cianjur and Bulukumba), referred
to the regulations as Perda Sharia. These groups included the Central Board of
Nahdlatul Ulama (PBNU) in Jakarta and national political elites more generally.
Moreover, some national NGOs depicted Perda Sharia as unconstitutional or
discriminatory in order to not discredit Islam. Among the proponents, both insiders
and outsiders referred to the regulations by terms other than Perda Sharia, particularly
government staff, local politicians and members of the DPRs and other political
parties. Militant Islamic leaders use Perda Sharia, including Abu Bakar Ba’ashir,
former Head of Majelis Mujahidin Indonesia (MMI) (Ba’asyir 2007b). Leaders of
210
mainstream Islamist parties, like Jazuli Juaeni, a member of the DPR-RI from PKS
(Partai Keadilan Sejahtera-Prosperous Justice Party), argue:
…the formulation of regulations and laws in Indonesia there is no such thing
as 'Perda Syariah' because the state of Indonesia is not based on religion.
The first principle of Pancasila, or Belief in the One and Only God
(Ketuhanan Yang Maha Esa) means that each religion is able to realise its
ideals according to their respective principles and beliefs. Thus, religious
values in Indonesia should become the basis of morality in order to
overcome various problems...many regional regulations considered by some
to be Sharia-influenced, when read carefully, in fact regulate public order
and ethics as well as good moral conduct and customs. This means that all
religions share similar concerns. Discriminatory regulations, should not be
stigmatised as Perda Sharia, which is certainly biased and damaging to the
Muslim community (Juaeni 2013).
However, this research argues that, although other religions have similar concerns and
some countries, such as Australia, also regulate alcohol consumption, gambling and
prostitution, Perda Sharia is different due to the backgrounds and motivations of
Indonesian decision-makers and Sharia proponents, who are motivated by religious
ideology.
9.4 Localising Human and Women’s Security
Security became a central debate between the proponents and the opponents of Perda
Sharia. The debate was motivated by the pursuit of a similar objective, but was
conducted from different perspectives: they both purported to make women more
secure and to protect women’s rights. The proponents argued that implementing
Perda Sharia meant abiding by religious rules, which would increase women’s
dignity and protect women from harassment, thus enhancing women’s security. The
opponents argued that Perda Sharia restricted women’s freedom, thus endangering
women’s security and violating their rights.
Although the implementation of Perda Sharia has been extensive, its impact on
women’s security has been subject to little discussion. There has been some
discussion on human security among academics (Hara 2007), but the concept of
women’s security is not common in Indonesia. The informants in this research were
not familiar with the concept of security, particularly in areas that had not experienced
211
conflict. Security is translated in Indonesian as aman or keamanan. The informants
experienced difficulty relating Perda Sharia to security. By borrowing Commission of
Human Security’s (CHS) concept of security, this research tried to understand female
informants’ views and experience of both human and their own security. Surprisingly,
the informants did not agree with the concept offered by CHS: ‘Human security
means protecting fundamental freedoms—freedoms that are the essence of life… it
connects several kinds of freedom—such as freedom from want and freedom from
fear, as well as freedom to take action on one’s own behalf’ (CHS 2003).
As discussed in chapter 7, most informants argued that freedom is a western concept,
and is contrary to local wisdom and Indonesian culture. Freedom, or bebas/kebebasan
in Indonesian, has negative connotations, such as sex bebas (free sex, fornication),
and pergaulan bebas (promiscuity). Thus, female informants did not seek ‘freedom’,
but rather sought self-restraint. The informants preferred to define human security as
an ‘autonomy’ rather than as a ‘freedom’. The women defined women’s security
based on their daily experiences. They defined security as the fulfilment of basic
material needs, the autonomy to make decisions, living in a harmonious family, being
respected and being safe from criminal activity. Reflecting upon the women
informants’ experience of security, it is not sufficient to accept a rights-based concept
of human security, such as that of the Commission for Human Security. We must also
recognise the importance of custom, eastern culture, social and religious norms which
are reflected in ‘local wisdom’111.
Although women’s security status were part of the debate surrounding Perda Sharia,
women’s participation in decision-making processes in both districts was negligible.
The number of female members of district parliaments was very low with only eight
out of 45 members in Cianjur in 2004-2009, and only one out of 35 members in
Bulukumba in 2004-2009112. Senior women officials in the two district governments
were also not involved in decision-making processes. One of the male officials
involved in the formulation of Perda conceded that there were many women who held
111
‘Local Wisdom’, ‘ Kearifan Lokal’ in Indonesian, has become part of contemporary discourse. It refers to the
ideals and values embodied in the philosophy of wisdom and customs embedded in and practiced by local societies
(Sartini 2004). In other words, ‘local wisdom’ reflects the norms, rules, values and religious teachings embedded
in local communities.
112
The number of female member of parliamen increase in 2009-2004: 9 out of 50 members in Cianjur and 4 out
of 40 members (Badan Pusat Statistik 2012a, 2012b)
212
senior positions in government who could have been involved in the development of
Perda, however he simply forgot to invite them (Sudradjat, the Head of Information
and Communication Department, Cianjur, interviewed 08 March 2008). The
regulations did not favour women and rendered them as objects of the regulation,
rather than as participants in their formulation.
In relation to the implementation of Perda Sharia, women’s experience of security
was conflicting. Some women agreed with the proponents’ argument about women’s
security in relation to the implementation of Perda Sharia. These women argued that
the implementation of Perda Sharia would advance their security, given that Perda
Sharia reflected religious values giving respect and protection to women.
Nevertheless, other female informants did not feel any influence of Perda Sharia on
their security, although it was apparent that their activities were more restricted.
However, there a few female informants considered that Perda Sharia had threatened
their security. For example, one woman was banned from nominating as a candidate
in the Bupati election by the MUI on the pretext that her candidature would
contravene Perda Sharia.
The discourse on security was strongly associated with the implementation of
regulations on jilbab. Most female informants argued that wearing jilbab by choice
made them feel more secure. However, Perda Sharia that mandated the wearing of
jilbab was considered by some to threaten their security. The mandated wearing of
jilbab was the most visible symbol of Perda Sharia’s implementation. As discussed in
chapter 2, Perda Sharia sought to regulate three aspects of public life. First, it sought
to eradicate moral and social problems such as prostitution, alcohol consumption and
gambling. Second, it enforced ritual observances among Muslims, including reading
the Qur’an, attendance at Friday prayers and fasting during Ramadan. Third, it sought
to govern the way people, mainly women, dressed in public, especially though
wearing the jilbab (Candraningrum 2007). However, this analysis indicates that jilbab
regulations indicate how strongly Perda Sharia has been enforced. Although a district
may implement regulations about prostitution and gambling, a district must
implement jilbab regulations to comply with Perda Sharia it will be considered to
have implemented Perda even
if there are no regulations on gambling and
prostitution.
213
The research indicates that jilbab became the core issue in the discourse on Perda
Sharia. As explored in chapters 7 and 8, although non-Muslim people stated that the
Perda Sharia was only applied to Muslims, impacts were felt by non-Muslims. Since
the implementation of Perda Sharia, particularly the obligation to wear a jilbab,
minorities have become more visible and identifiable, and are targets of harassment
and discrimination
Although this research involved a thorough analysis of Perda Sharia in only two
districts, Cianjur and Bulukumba, out of many that have implemented Shariainfluenced regulations, I suggest that further research is required on the implications
for women’s security in conflict or post-conflict areas such as Aceh. Aceh is
important for further research, not only because it is a post-conflict region, but also
because the provincial government has wider powers to implement Sharia than district
or provincial governments elsewhere in Indonesia. Aceh will be a crucial case study
to examine the question of whether Sharia-influenced Regional Regulations
strengthens their security or exacerbates their insecurity. Further research on this topic
with different case studies is also necessary to understand local concepts of human
and women’s security.
This research was designed to contribute to three areas of academic scholarship. First,
it aimed to contribute empirically to the literature concerning the interrelation of
regional autonomy, democratisation and implementation of Perda Sharia in postSuharto Indonesia. Second, the research aimed to contribute empirically to the
scholarship on contestation of the Perda Sharia and women’s participation in the
political process, particularly regarding women’s security. Third, it aspired to
contribute conceptually explorations of female agency, and women’s capacity to
express opinions regarding Perda Sharia and security. As in most developing
countries, women’s voices are often ignored. This study is important because it both
explores women’s security and female participation in the political process. This
research is expected to contribute to academic and policy makers’ understanding of
how implementation of Sharia in regional regulations has affected female security.
214
My research argues that Perda Sharia results from the intertwining of regional
autonomy, the spirit of reformation and democratisation. The implementation of
Perda Sharia was the outcome of the local political processes. However, given the
extensive implementation, it has become a national phenomenon and a national
concern. Turning to the debate about Sharia; it is evident that before 1999 most of the
debate was conducted at national level and concerned the nature of the Indonesian
state. However, after regional autonomy in 1999, and especially after many districts
implemented Perda Sharia, the debate on Sharia became more focused on the
integration of Sharia values into Indonesian legal system, with implications for human
rights, especially women’s security. Sharia has become a debate between the
government, NGOs and the public, especially since Aceh implemented Qonun. Aceh
was followed by many district governments implementing Sharia regional
regulations. As a consequence, many women have been detained by the police, and in
other ways have had their activities restricted, all in the name of Sharia.
This research concludes that the implementation of Perda Sharia has strengthened the
position of Islam as a social and cultural force, but not necessarily Islam’s influence
in politics or government. Nevertheless, the widespread implementation of Perda
Sharia suggests that it has been widely accepted and has become the part of legal
system in district government. Reflecting on the struggle for Sharia since Indonesian
independence, the widespread implementation of Perda Sharia is a great
accomplishment for its advocates.
215
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